Eligibility report

Governmental Orders Record and Eligibility Analysis

Oregon

2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3

Prepared by The COVID Project, Sept. 30, 2026. 396 instruments cited; 385 exhibit files held. Not legal advice.

The COVID Projectcovidproject.com/report?state=OR&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1

1. About this report

Prepared by The COVID Project, Sept. 30, 2026. Selection: State Oregon and no metropolitan area (elsewhere in the State). Quarters: second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020), third quarter of 2020 (July 1, 2020 to Sept. 30, 2020), fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020), first quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021), second quarter of 2021 (Apr. 1, 2021 to June 30, 2021) and third quarter of 2021 (July 1, 2021 to Sept. 30, 2021). Options: the federal layer, agencies and boards, standing duties, group meetings and trade shows and the Service's fourteen sentences answered.

This report is a record of the governmental orders and related instruments that The COVID Project has retrieved, verified and indexed for the State, metropolitan area, industry and calendar quarters selected. Each instrument appears with its issuer, its number and title, its dates, the quarters in which it was in force, the functions of a business it reached, its operative words, its enforcement provision, a citation and an exhibit identifier. Every exhibit identifier resolves to the instrument's record at covidproject.com/library, and to the exhibit file, where held, at covidproject.com/exhibit.

The report is assembled from public governmental instruments, published organizer notices, published legal authorities and public court filings, and it reports what those documents say and when they were in force. It lists the instruments The COVID Project has verified and no others, so every count in it is a floor. It is not a filing, and it does not determine any person's eligibility for the Employee Retention Credit.

The report reproduces at covidproject.com/report?state=OR&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1. Every exhibit identifier in it resolves at covidproject.com/library/ followed by the identifier, and the exhibit file, where held, at covidproject.com/exhibit/ followed by the identifier.

Disclaimer

The COVID Project is a free public reference. This report is generated from public governmental instruments, published organizer notices, published legal authorities and public court filings that The COVID Project has retrieved and indexed; it reports what those documents say and when they were in force. It is not legal, tax or accounting advice, it does not create any professional relationship, it does not determine any person's eligibility for the Employee Retention Credit or the amount of any credit, and it is not a count of every order that existed. The COVID Project sells nothing and represents no one. Errors in any record can be reported through covidproject.com/contact with the exhibit identifier, and corrections are recorded with their dates.

2. Summary of findings

For each quarter selected, this section states what was in force for this selection on the quarter's first and last days, in the words of the Library's own quarter-by-quarter record for the State, the metropolitan area, the industry's regulators and the federal layer. Exhibit identifiers in parentheses name the instruments. The table that follows counts the instruments listed in section 5 by layer and quarter.

The federal layer of this report is the Library's two federal files: FED-A, the health, safety and transport layer, and FED-B, the commerce, travel, workplace and finance layer, including the orders of the federal courts those files hold. The ecosystem clusters and the federal agency clusters are listed in the Library's federal layer at covidproject.com/federal and are not part of this report's federal layer; a quarter page counts every federal-level instrument of the quarter across those clusters as well, so its figure is the larger of the two.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Oregon, first day (Apr. 1, 2020): EO 20-03 emergency (OR-001); EO 20-07 no on-premises food or drink and no gatherings of 25 or more (OR-003; expiry Apr. 14 removed by EO 20-14, OR-011); EO 20-08 public schools closed (OR-004); EO 20-09 colleges remote from Mar. 21 (OR-059); EO 20-10 elective and non-urgent procedures cancelled from Mar. 23 (OR-005); EO 20-11 residential eviction moratorium (OR-006); EO 20-12 stay home, 40-category closure list, distancing officer for every other retail business, office work prohibited where telework available, child care emergency-only, campgrounds/pools/playgrounds closed, travel minimized (OR-007); EO 20-13 commercial and residential eviction moratorium issued that day (OR-010); CJO 20-006 (amended) Level 3 court restrictions (OR-009); DCBS insurance emergency order of Mar. 25 (OR-008).

Oregon, last day (June 30, 2020): EO 20-03 as extended by EO 20-30 to Sept. 4 (OR-023); EO 20-27 baseline and Phase I/II framework (OR-020): telework prohibition in every county not in Phase II, gatherings 25 (Phase I) or 50/100 (Phase II), mandatory OHA sector and face-covering guidance; Multnomah, Washington and Clackamas Counties in Phase I; OHA face-covering requirement in seven counties from June 24 (statewide indoor from July 1); EO 20-22 procedures only under OHA guidance (OR-015); EO 20-19 child care emergency-only unless ELD-approved (OR-013); EO 20-20 school in-person instruction prohibited through June 30 (OR-014), EO 20-29 taking over July 1 (OR-022); EO 20-28 higher education under OHA minimum standards from June 14 (OR-021); EO 20-16 public bodies remote (OR-012); CJO 20-016 Level 2/3 from June 1 (OR-018); DCBS P&C insurance order May 24-June 22 with 30-day extensions (OR-019); HB 4213 eviction moratorium enacted June 30 (OR-024).

The federal health, safety and transport layer, first day (Apr. 1, 2020): Apr. 1, 2020: national emergency (FED-001), nationwide Stafford emergency (FED-006) and major disasters declared for 28 States and the District of Columbia on or before Apr. 1, 2020 (29 of 51 jurisdictions; No Sail Order (FED-027); Title 42 order (FED-034, FED-039); DPA EOs 13909-13911 and scarce-materials designation (FED-070 to FED-074); FFCRA leave mandate operational (FED-170, FED-171); CMS-1744-IFC (FED-090), QSO-20-13, -14, -18, -12, -20 (FED-096 to FED-099, FED-164); § 1135 blanket waivers (FED-160); HHS telehealth enforcement discretion (FED-194); 30 Days to Slow the Spread guidance (FED-191, context); CMS elective-procedure recommendations (FED-158, context).

The federal health, safety and transport layer, last day (June 30, 2020): June 30, 2020: all of the above plus FEMA PPE export rule (FED-075, from Apr. 7) with exemptions (FED-076); EO 13917 meat and poultry (FED-073); No Sail extension (FED-028); Title 42 amended and indefinite (FED-036); CMS-5531-IFC weekly nursing-home reporting (FED-091, FED-161); QSO-20-30-NH reopening recommendations (FED-157); QSO-20-31-All (FED-165); Opening Up America Again guidance (FED-192, context); PHE renewed Apr. 26 (FED-011).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2020): In force: Proclamations 9984, 9992, 9993, 9996 (Exs. FED-200 to FED-203); DHS land-border closures to non-essential travel, Canada and Mexico (Exs. FED-216, FED-239, through Apr. 20, then FED-217, FED-240); OMB M-20-16 maximum telework and curtailment of in-person federal functions (Ex. FED-264) and M-20-18 contractor telework (FED-266); DoD stop-movement (Exs. FED-281, then FED-282 from Apr. 20); DOS suspension of routine visa services (FED-327) and the H-2 interview-waiver regime (FED-319); USCIS offices closed (FED-324); Interior on telework (FED-386); national parks, BLM sites, Hoover Dam, USACE areas and the Smithsonian closed (FED-387 to FED-393); Supreme Court closed to the public with the March session postponed (FED-290 to FED-292); Judicial Conference CARES Act finding (FED-295); jury trials suspended in N.D. Cal. (FED-317), N.D. Ill. (FED-338), D. Md. (FED-312), N.D. Ga. (FED-316 recites GO 20-01 of Mar. 16), C.D. Cal. courthouses closed (FED-284), Ninth Circuit courthouses closed (FED-279), Fifth Circuit (FED-286); CARES Act §§ 4022-4024 statutory moratoria (FED-340); FHFA, HUD and VA 60-day moratoria from Mar. 18 (FED-346, FED-356, FED-368, FED-369); interagency loan-modification statement (FED-342); 15/30 Days to Slow the Spread guidance (FED-396).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2020): In force: Proclamations 9984, 9992, 9993, 9996, 10041 (from May 26), 10014 (from Apr. 23) and 10052 (from June 24) (FED-200 to FED-204, FED-210, FED-211); DHS land-border notifications of June 24, 2020 through July 21 (FED-219, FED-242); OMB/OPM M-20-23 gating period with maximum telework (FED-268); DoD conditions-based travel restrictions (FED-283); DOS routine visa services still suspended (FED-327; resumption began July 15); USCIS reopened June 4 under mask and screening conditions (FED-325); premium processing resumed June 1 (FED-326); H-2A temporary rule (FED-320) and H-2B rule (FED-321); N.D. Cal. General Order 72-4 (no new civil jury trials through Sept. 30, 2020) and General Orders 73, 75, 77 (FED-331, FED-334 to FED-336); N.D. Ill. Fourth Amended GO 20-0012 (May 26, 2020) and the D. Colo., D.N.J., D. Md. and N.D. Ga. continuances (FED-288, FED-302, FED-316); C.D. Cal. face-covering order (FED-285); FHFA, HUD and VA moratoria extended to Aug. 31, 2020 on June 17-18 (FED-348, FED-359, FED-371, FED-372); CARES Act § 4024 eviction moratorium (to July 24) and § 4022 forbearance (FED-340); CFPB interim final rule effective July 1 (FED-343); H.Res. 965 proxy voting (FED-398).

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Oregon, first day (July 1, 2020): EO 20-27 (OR-020) with the baseline telework prohibition and Phase I/II caps; OHA statewide indoor face-covering requirement effective July 1 (OR-025 is the July 24 version); EO 20-29 school in-person instruction only under OHA/ODE guidance from July 1 (OR-022); EO 20-28 (OR-021); EO 20-22 (OR-015); EO 20-19 (OR-013); EO 20-16 (OR-012); HB 4213 (OR-024); CJO 20-016 (OR-018); EO 20-03 as extended (OR-023).

Oregon, last day (Sept. 30, 2020): EO 20-27 (OR-020) unchanged in structure; OHA face coverings indoors statewide, outdoors within six feet (July 15) and in all public and private office spaces (Aug. 13); indoor social gatherings capped at 10 (July 15); most K-12 districts in Comprehensive Distance Learning under the July 28 metrics; EO 20-38 emergency to Nov. 3 (OR-027); EO 20-37 foreclosure moratorium to Dec. 31 (OR-026); EO 20-56 residential eviction moratorium Sept. 30-Dec. 31 (OR-028); EO 20-16 rescinded Sept. 1 (HB 4212 codified it); CJO 20-016 (OR-018).

The federal health, safety and transport layer, first day (July 1, 2020): July 1, 2020: national emergency, Stafford declarations, PHE (FED-011); No Sail (FED-028, then FED-029 from July 16); Title 42 (FED-036); FEMA PPE export rule (FED-075/076); DPA orders; FFCRA mandate and 29 C.F.R. part 826 (FED-170/171); CMS rules FED-090, FED-091 and QSOs; § 1135 waivers; EO 13945 from Aug. 8 (FED-066).

The federal health, safety and transport layer, last day (Sept. 30, 2020): Sept. 30, 2020: PHE renewed July 25 (FED-012); No Sail third extension (FED-030); Title 42 (FED-036); FEMA PPE rule as extended Aug. 10 (FED-077); CDC eviction moratorium from Sept. 4 (FED-022); CMS-3401-IFC nursing-home testing from Sept. 2 (FED-092) with QSO-20-38-NH (FED-168); QSO-20-39-NH visitation from Sept. 17 (FED-154); revised FFCRA rule from Sept. 16 (FED-172); QSO-20-35-ALL (FED-166).

The federal commerce, travel, workplace and finance layer, first day (July 1, 2020): In force: all seven entry proclamations (FED-200 to FED-204, FED-210 to FED-212); DHS land-border notifications of June 24 (to July 21) then July 22, Aug. 21 and Sept. 23, 2020 (FED-219 to FED-222, FED-242 to FED-245); M-20-23 maximum telework at agency discretion (FED-268); DoD conditions-based travel restrictions and the June 29, 2020 update (FED-283); N.D. Cal. GO 72-4 (civil jury trials through Sept. 30, 2020; limited criminal trials from July 1) (FED-331); N.D. Ill. Fifth Amended GO 20-0012 (July 10) (FED-338 series); N.D. Ga. GO 20-01 Fourth Amendment (no jury trials through July 31) (FED-316); D. Colo. GO 2020-8 (trials continued through July 6) (FED-288); D.N.J. and D. Md. continuances; C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Aug. 31 (FED-348, FED-359, FED-371, FED-372); CARES § 4024 to July 24 (FED-340); DOS phased resumption from July 15 (FED-328); USDA Service Centers by phone appointment (FED-391); USACE areas reopening location by location (FED-393).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2020): In force: the entry proclamations; DHS notification of Sept. 23, 2020 (to Oct. 21) (FED-222, FED-245); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Cal. GO 72-6 (Sept. 16: courthouses closed to public events; remote appearances) (FED-333); N.D. Ill. Sixth Amended GO 20-0012 (Sept. 4); FHFA moratoria to Dec. 31 (Aug. 27) (FED-349), HUD ML 2020-27 (Aug. 27) (FED-360), VA Circulars 26-20-29 and 26-20-30 (Aug. 24) (FED-373, FED-374); EO 13945 (FED-A) and the student-loan payment relief memorandum (Aug. 8) (FED-345); H-2A partial extension (Aug. 20) (FED-322); the CDC eviction order (FED-A) from Sept. 4.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Oregon, first day (Oct. 1, 2020): Same as Sept. 30, 2020: EO 20-27 (OR-020), OHA masks and sector guidance, EO 20-38 (OR-027), EO 20-37 (OR-026), EO 20-56 (OR-028), EO 20-22, 20-28, 20-29, 20-19, CJO 20-016.

Oregon, last day (Dec. 31, 2020): EO 20-66 County Risk framework effective Dec. 3 (OR-035) with Multnomah, Washington, Clackamas and 26 other counties at Extreme Risk: indoor dining prohibited, gyms and indoor entertainment closed, retail 50 percent, gatherings six from two households, office work prohibited where telework available, statewide masks; Oregon OSHA temporary rule OAR 437-001-0744 in force since Nov. 16 (OR-032); OLCC freeze and risk-level guidance to licensees (OR-034); EO 20-67 emergency to Mar. 3, 2021 (OR-036); EO 20-56 last day (OR-028); HB 4401 signed Dec. 23 extending eviction protection to June 30, 2021 (OR-037); EO 20-58 agricultural housing (OR-029); EO 20-22, 20-28, 20-29, 20-19; CJO 20-016.

The federal health, safety and transport layer, first day (Oct. 1, 2020): Oct. 1, 2020: national emergency, Stafford declarations, PHE (FED-012; renewed Oct. 23, FED-013); No Sail (FED-030) to Oct. 31 then Conditional Sailing Order from Oct. 30 (FED-031); Title 42 order of Oct. 13 (FED-037) under the final rule (FED-048); FEMA PPE rule (FED-077); CDC eviction moratorium (FED-022); FFCRA mandate (to Dec. 31); CMS-3401-IFC testing; CMS-9912-IFC from Nov. 2 (FED-093); DPA orders.

The federal health, safety and transport layer, last day (Dec. 31, 2020): Dec. 31, 2020: all of the above; FEMA PPE rule re-extended Dec. 31 to June 30, 2021 (FED-078); CDC eviction moratorium extended by Pub. L. 116-260 § 502 to Jan. 31, 2021 (FED-173); UK pre-departure testing order from Dec. 28 (FED-040); FFCRA leave mandate expires this day (FED-170); Pfizer and Moderna EUAs Dec. 11 and 18 (FED-185, FED-186, context).

The federal commerce, travel, workplace and finance layer, first day (Oct. 1, 2020): In force: the entry proclamations; DHS notification of Sept. 23 (to Oct. 21), then Oct. 22, Nov. 23 and Dec. 22, 2020 (FED-222 to FED-225, FED-245 to FED-248); M-20-23 (FED-268); DoD Oct. 5, 2020 conditions-based update (FED-283); N.D. Cal. GO 72-6 and GO 73 (FED-333, FED-334); N.D. Ill. Sixth Amended GO 20-0012; D.N.J. Standing Orders 20-12 (extended Sept. 2020), 20-13, 20-14, 20-16 (FED-302); C.D. Cal. masks (FED-285); FHFA/HUD/VA moratoria to Dec. 31, 2020 (FED-349, FED-360, FED-373, FED-374); CARES § 4022 forbearance (FED-340).

The federal commerce, travel, workplace and finance layer, last day (Dec. 31, 2020): In force: the entry proclamations, with Proclamation 10131 (Dec. 31) extending 10014 and 10052 to Mar. 31, 2021 (FED-213); DHS notification of Dec. 22, 2020 (to Jan. 21, 2021) (FED-225, FED-248); M-20-23 (FED-268); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth Amended GO 20-0012 (Nov. 13: all jury trials suspended until further order) (FED-339); D.N.J. Standing Order 20-17 (Nov. 25: all in-person proceedings suspended through Jan. 31, 2021) and the Third Extension of SO 20-12 (Dec. 17) (FED-303, FED-304); N.D. Cal. GO 72-6 (FED-333); FHFA moratoria to Jan. 31, 2021 (Dec. 2) (FED-350); HUD ML 2020-43 to Feb. 28, 2021 (Dec. 17) (FED-361); VA Circular 26-20-40 to Feb. 28, 2021 (Dec. 28) (FED-375); USDA extension (FED-382); H-2A extension (Dec. 18) (FED-323).

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Oregon, first day (Jan. 1, 2021): EO 20-66 (OR-035), Multnomah and most counties at Extreme Risk; OR-OSHA temporary rule (OR-032; HVAC deadline Jan. 6); statewide masks; HB 4401 (OR-037); EO 20-67 (OR-036); EO 20-22, 20-28, 20-29, 20-19, 20-58; CJO 20-016.

Oregon, last day (Mar. 31, 2021): EO 20-66 (OR-035) with Multnomah at Moderate Risk (Mar. 12-Apr. 8) and other counties at their assigned levels; OR-OSHA temporary rule (OR-032); statewide masks; EO 21-05 emergency to May 2 (OR-038); EO 21-06 schools to hybrid or on-site by Mar. 29 (K-5) and Apr. 19 (6-12) (OR-039); HB 4401 grace period to June 30 (OR-037); EO 20-22, 20-28, 20-19; CJO 20-016.

The federal health, safety and transport layer, first day (Jan. 1, 2021): Jan. 1, 2021: national emergency, Stafford declarations, PHE (FED-013; renewed Jan. 21, FED-014); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (statutory extension, then FED-023 from Jan. 31); UK testing order (FED-040); CMS rules and testing; DPA orders. FFCRA mandate no longer in force (voluntary credits only, FED-173).

The federal health, safety and transport layer, last day (Mar. 31, 2021): Mar. 31, 2021: all of the above plus EO 13991 (Jan. 20, FED-060), EO 13998 and 13999 (Jan. 21, FED-061, FED-062); global inbound testing order from Jan. 26 (FED-041/042); DHS transportation emergency determination Jan. 27 (FED-057); CDC conveyance mask order from Feb. 1 (FED-020) and TSA SDs from Feb. 1 (FED-050, FED-053 to FED-055); national emergency continued Feb. 24 (FED-002); Janssen EUA Feb. 27 (FED-187, context); OSHA NEP from Mar. 12 (FED-082); QSO-20-39-NH rev. Mar. 10 (FED-155); ARPA enacted Mar. 11 (FED-174); CDC eviction moratorium extended Mar. 29 to June 30 (FED-024).

The federal commerce, travel, workplace and finance layer, first day (Jan. 1, 2021): In force: Proclamations 9984, 9992, 9993, 9996, 10041, 10014, 10052 (as extended by 10131) (FED-200 to FED-204, FED-210 to FED-213); DHS notification of Dec. 22, 2020 (FED-225, FED-248), corrected Jan. 19 and renewed Jan. 19 (to Feb. 21), Feb. 23 (to Mar. 21) and Mar. 19, 2021 (to Apr. 21) (FED-226 to FED-229, FED-249 to FED-252); M-20-23 (FED-268) until EO 13991 (Jan. 20) and M-21-15 (Jan. 24: 25 percent occupancy cap, masks, visitor minimization, mission-critical travel only) (FED-270); DoD conditions-based restrictions (FED-283); N.D. Ill. Eighth then Ninth (Jan. 12) and Tenth Amended GO 20-0012 (Feb. 12: jury trials suspended until Apr. 5, 2021) (FED-339, FED-296); D.N.J. SO 21-02 (January: in-person proceedings suspended to Mar. 17, jury trials to Mar. 12) and SO 21-04 (Mar. 11: jury trials continued to June 1, 2021) (FED-305, FED-306); N.D. Cal. GO 72-6 (FED-333); C.D. Cal. masks (FED-285); FHFA moratoria to Jan. 31 then Feb. 28 (Jan. 19), Mar. 31 (Feb. 9) and June 30, 2021 (Feb. 25) (FED-350 to FED-353); HUD ML 2021-03 (Jan. 21: to Mar. 31) and 2021-05 (Feb. 16: to June 30) (FED-362, FED-363); VA Circulars 26-21-2 (Jan. 29: to Mar. 31) and 26-21-5 (Feb. 16: to June 30) (FED-376, FED-377); USDA extensions (FED-382).

The federal commerce, travel, workplace and finance layer, last day (Mar. 31, 2021): In force: Proclamations 9984, 9992 and 10143 (from Jan. 26, with South Africa from Jan. 30) (FED-207); Proclamation 10052 expired at the end of this day (FED-211); Proclamation 10014 revoked Feb. 24 (FED-214); DHS notification of Mar. 19, 2021 (to Apr. 21) (FED-229, FED-252); EO 13991 and M-21-15 (FED-270); DoD Mar. 15, 2021 memorandum (until further notice) (FED-280); N.D. Ill. Tenth Amended GO 20-0012 (jury trials suspended until Apr. 5) (FED-296); D.N.J. SO 21-04 (jury trials continued to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD and VA moratoria to June 30, 2021 (FED-353, FED-363, FED-377); H-2A flexibilities (FED-323).

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Oregon, first day (Apr. 1, 2021): Same as Mar. 31, 2021: EO 20-66 (OR-035), OR-OSHA temporary rule (OR-032), masks, EO 21-05 (OR-038), EO 21-06 (OR-039), HB 4401 (OR-037), EO 20-22, 20-28, 20-19, CJO 20-016.

Oregon, last day (June 30, 2021): EO 21-15 took effect 12:01 a.m. June 30 (OR-043): EO 20-66, 20-22, 21-06, 20-28 and 20-19 rescinded; the state of emergency extended to Dec. 31, 2021; child-care flexibilities to Sept. 1; EO 21-14 foreclosure moratorium to Sept. 30 (OR-042); Oregon OSHA permanent rule OAR 437-001-0744 (OR-041) as amended that day by AO 5-2021 (OR-044): distancing and masks removed outside health care and transit, ventilation, notification, medical removal, plan and training retained; HB 4401 grace period's last day (OR-037); DMV appointment-only service with masks and distancing ending that day (OR-057).

The federal health, safety and transport layer, first day (Apr. 1, 2021): Apr. 1, 2021: national emergency (FED-002), Stafford declarations, PHE (FED-014; renewed Apr. 21, FED-015); CDC conveyance mask order (FED-020) and TSA SDs (FED-050 series); inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 (FED-037); FEMA PPE rule (FED-078); CDC eviction moratorium (FED-024); EO 13991; OSHA NEP (FED-082); CMS testing and reporting rules; DPA orders.

The federal health, safety and transport layer, last day (June 30, 2021): June 30, 2021: all of the above plus TSOB ratification Apr. 20 (FED-056); TSA SD -01A from May 12 (FED-051); QSO-20-39-NH rev. Apr. 27 (FED-156); CSO Technical Instructions (FED-032); CMS-3414-IFC from May 21 (FED-094) with QSO-21-19-NH (FED-163); OSHA Healthcare ETS effective June 21 (FED-080) with DIR 2021-02 from June 28 (FED-081); CDC eviction moratorium extended June 24 to July 31 (FED-025). FEMA PPE export rule expires this day (FED-078/079).

The federal commerce, travel, workplace and finance layer, first day (Apr. 1, 2021): In force: Proclamations 9984, 9992, 10143 (FED-200, FED-201, FED-207); DHS notification of Mar. 19 (to Apr. 21), then Apr. 22 (to May 21), May 24 (to June 21) and June 23, 2021 (to July 21) (FED-229 to FED-232, FED-252 to FED-255); EO 13991 and M-21-15 occupancy cap and masks until June 10 (FED-270); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 (Feb. 17, 2021) plan for resumption of jury trials, amended May 26 with vaccination-or-testing conditions (FED-297); D.N.J. SO 21-04 (jury trials to June 1) (FED-306); N.D. Cal. GO 72-6 and 73 (FED-333, FED-334); C.D. Cal. masks (FED-285); FHFA, HUD, VA and USDA moratoria to June 30, 2021 (FED-353, FED-363, FED-377, FED-382).

The federal commerce, travel, workplace and finance layer, last day (June 30, 2021): In force: Proclamations 9984, 9992, 10143 and 10199 (India, from May 4) (FED-207, FED-208); DHS notification of June 23, 2021 (to July 21) (FED-232, FED-255); EO 13991 with M-21-25 (June 10: occupancy cap lifted; reentry plans due July 19; 30 days' notice) (FED-271); DoD Mar. 15, 2021 restrictions (FED-280); N.D. Ill. GO 21-0006 as amended May 26 and Fifth Amended GO 20-0022 (June 21: video criminal proceedings to Oct. 4, 2021) (FED-297, FED-301); D. Md. Amended Standing Order 2021-07 (effective July 1) (FED-313); N.D. Cal. GO 78 (June 23, effective July 1) (FED-337); C.D. Cal. masks (FED-285); D.N.J. SO 20-13 masks and 21-04 as amended (FED-302, FED-307); FHFA, HUD, VA and USDA moratoria extended June 24-25 to July 31, 2021 (FED-354, FED-364, FED-378, FED-384); HUD and VA forbearance windows to Sept. 30, 2021 (FED-364, FED-378); CFPB final rule issued June 28 (effective Aug. 31) (FED-344).

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Oregon, first day (July 1, 2021): EO 20-03 as extended by EO 21-15 to Dec. 31, 2021 (OR-043); EO 21-15 para. 6(b) child-care flexibilities (OR-043); EO 21-14 foreclosure moratorium to Sept. 30 (OR-042); Oregon OSHA OAR 437-001-0744 as amended June 30 (OR-041, OR-044); masking in health care and transit; DMV appointment-only service (OR-057). No statewide capacity, gathering, general mask or telework mandate was in force on July 1, 2021.

Oregon, last day (Sept. 30, 2021): EO 20-03/21-15 emergency (OR-043); OAR 333-019-1025 indoor masks in every indoor space including public and private workplaces, all ages five and up, regardless of vaccination, employer must ensure compliance, $500 per day (OR-048; PH 35-2021 Aug. 13; PH 41-2021 Aug. 27 adding crowded outdoor spaces); Oregon OSHA AO 10-2021 workplace masking (OR-049); OAR 333-019-1015 school masks (OR-045, OR-056); OAR 333-019-1010 health-care-worker vaccination, full compliance by Oct. 18 (OR-046, OR-051); OAR 333-019-1030 school staff vaccination (OR-052); EO 21-29 executive-branch employee and contractor vaccination by Oct. 18 (OR-047); CJO 21-039 court judges and staff vaccination, first dose before Oct. 1 (OR-054); EO 21-30 foreclosure moratorium to Dec. 31 (OR-050); EO 21-31 child-care flexibilities to Dec. 31 (OR-058); OR-OSHA residual duties (OR-041, OR-044).

The federal health, safety and transport layer, first day (July 1, 2021): July 1, 2021: national emergency (FED-001/002), nationwide Stafford emergency and all 51 major disasters (FED-006, FED-100 to FED-150), PHE (FED-015); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01A and aviation successors (FED-051, FED-053 to FED-056); inbound testing order (FED-042); Conditional Sailing Order and Technical Instructions (FED-031/032); Title 42 order of Oct. 13, 2020 (FED-037); CDC eviction moratorium to July 31 (FED-025); EO 13991, 13998, 13999 (FED-060 to FED-062); DHS transportation emergency (FED-057); DPA delegations and scarce-materials designation (FED-070 to FED-074); OSHA Healthcare ETS with compliance due July 6 and July 21 (FED-080), DIR 2021-02 (FED-081), NEP DIR 2021-01 (FED-082, to July 7); CMS-1744/5531/3401/9912/3414-IFC (FED-090 to FED-094), QSO-20-38-NH (FED-168), QSO-20-39-NH rev. Apr. 27, 2021 (FED-156), QSO-21-19-NH (FED-163), QSO-20-13, -18, -20, -29, -31, -35 (FED-096, FED-098, FED-099, FED-161, FED-165, FED-166); § 1135 blanket waivers (FED-160); PREP Act and § 564 declarations (FED-180 to FED-184); HHS telehealth enforcement discretion (FED-194); FEMA 100 percent cost-share memoranda (FED-007/008).

The federal health, safety and transport layer, last day (Sept. 30, 2021): Sept. 30, 2021: national emergency and Stafford declarations; PHE renewed July 20 (FED-016); CDC conveyance mask order (FED-020) and TSA SD 1582/84-21-01B from Sept. 14 (FED-052) with aviation successors; inbound testing order (FED-042); Conditional Sailing Order (FED-031); Title 42 reassessment order of Aug. 2 (FED-038); EO 13991, 13998, 13999; EO 14042 and 14043 signed Sept. 9 (FED-063, FED-064; no private-contractor obligation before Oct. 15, 2021); DHS transportation emergency; DPA delegations; OSHA Healthcare ETS in full effect (FED-080), DIR 2021-02 (FED-081), revised NEP DIR 2021-03 from July 7 (FED-083), Updated Interim Enforcement Response Plan (FED-084); CMS rules FED-090 to FED-094, FED-160, FED-168, FED-156, FED-163; presidential memorandum of Aug. 17 (FED-009); telehealth discretion (FED-194). Not in force on this day: the CDC eviction moratorium (ended July 31; successor Aug. 3-26, FED-026), the FEMA PPE export rule (expired June 30), the FFCRA mandate (ended Dec. 31, 2020), the OSHA vaccination-or-testing ETS and CMS staff vaccination rule (issued Nov. 5, 2021), the CDC orders of Oct. 25, 2021.

The federal commerce, travel, workplace and finance layer, first day (July 1, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (FED-200, FED-201, FED-207, FED-208); DHS land-border notification of June 23, 2021 (non-essential travel prohibited; to July 21) (FED-232, FED-255); EO 13991, M-21-15 (other than occupancy) and M-21-25 reentry planning (FED-270, FED-271); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. GO 21-0006 (amended May 26) and Fifth Amended GO 20-0022 (FED-297, FED-301); D.N.J. SO 20-13 (masks) and SO 21-04 as amended (FED-302, FED-306); D. Md. Amended SO 2021-07 (FED-313); N.D. Cal. GO 78 (FED-337); C.D. Cal. Order 20-078 (masks) (FED-285); finance: FHFA, HUD, VA and USDA foreclosure and eviction moratoria through July 31, 2021 (FED-354, FED-364, FED-378, FED-384); CARES Act § 4022 forbearance (FED-340); HUD and VA forbearance request windows to Sept. 30, 2021 (FED-364, FED-378); interagency loan-modification statement and CARES § 4013 relief (FED-342); student-loan payment pause (FED-345); H.Res. 965 (FED-398).

The federal commerce, travel, workplace and finance layer, last day (Sept. 30, 2021): In force: Proclamations 9984, 9992, 10143, 10199 (revoked only on Nov. 8, 2021) (FED-209); DHS land-border notification of Sept. 22, 2021 (to Oct. 21; non-essential travel still prohibited) (FED-235, FED-258); EO 13991 with the Task Force Model Safety Principles of July 29, 2021 (masks regardless of vaccination status in substantial/high-transmission areas; vaccination attestation; visitor vaccination-status disclosure; agency-head approval for events over 50) (FED-272), the Certification of Vaccination form (FED-278), the Sept. 13 update (FED-273), EO 14042 and EO 14043 (Sept. 9) (FED-A), the contractor guidance (Sept. 24) and OMB determination (Sept. 28) (FED-274, FED-275); DoD Mar. 15, 2021 travel restrictions (FED-280); federal courts: N.D. Ill. Third Amended face-covering order (July 30), Amended GO 21-0006 (Sept. 15, effective Sept. 20: vaccination or testing for courtroom presence), GO 21-0033 (Sept. 20: employee and contractor vaccination) and Fifth Amended GO 20-0022 (video criminal proceedings to Oct. 4) (FED-299, FED-298, FED-300, FED-301); D.N.J. Updated Amended SO 21-04 (Sept. 3: one jury selection per vicinage; universal masks; temperature screening) and SO 21-08 (Sept. 13: visitor vaccination or testing) with SO 20-13 masks (FED-307, FED-308, FED-302); D. Md. Amended SO 2021-07 entry exclusions (FED-313); N.D. Cal. GO 78 protocols and remote criminal proceedings (FED-337); C.D. Cal. Order 20-078 masks (until Oct. 1, 2021) (FED-285); finance: FHFA REO eviction moratorium, VA Circular 26-21-14 foreclosure-related eviction moratorium, HUD eviction moratorium and USDA eviction moratorium, all through Sept. 30, 2021 (FED-355, FED-379, FED-364, FED-385); CFPB Regulation X procedural safeguards from Aug. 31, 2021 (FED-344); HUD ML 2021-18 recovery loss-mitigation review (FED-365); HUD and VA forbearance request windows to Sept. 30, 2021 and VA Circular 26-21-20 (Sept. 29) extending them (FED-364, FED-378, FED-380); CARES § 4022 forbearance (FED-340); student-loan payment pause (extended Aug. 6, 2021 to Jan. 31, 2022) (FED-345).

Instruments in the Library for this selection, by layer and quarter (an instrument in force in several quarters is counted in each; the total counts it once).

Layer	2020 Q2	2020 Q3	2020 Q4	2021 Q1	2021 Q2	2021 Q3	Total
Federal layer	179	163	160	175	165	167	330
State of Oregon	26	17	23	16	19	18	60
Agencies, boards and authorities	9	6	6	2	6	6	15
Standing duties	37	41	48	44	46	40	64
All layers	251	227	237	237	236	231	469

3. The statute and the test

An employer is an eligible employer for a calendar quarter under the governmental-orders test if

the operation of the trade or business described in clause (i) is fully or partially suspended during the calendar quarter due to orders from an appropriate governmental authority limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes) due to the coronavirus disease 2019 (COVID-19)
CARES Act § 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 348; I.R.C. § 3134(c)(2)(A)(ii)(I), 135 Stat. 4, 177

Congress enacted those words four times and never changed them. The Coronavirus Aid, Relief, and Economic Security Act of March 27, 2020 enacted the Suspension Clause at section 2301(c)(2)(A)(ii)(I), Pub. L. 116-136, 134 Stat. 281, 347-48, for wages paid after March 12, 2020 and before January 1, 2021 (§ 2301(m), 134 Stat. 351) (Ex. LAW-001). The Taxpayer Certainty and Disaster Tax Relief Act of 2020, Pub. L. 116-260, div. EE, §§ 206-207, 134 Stat. 1182, 3059-65 (Dec. 27, 2020), extended the credit to wages paid before July 1, 2021 and raised its rate to 70 percent; neither section touched the clause (Ex. LAW-002).

The American Rescue Plan Act of 2021, Pub. L. 117-2, § 9651, 135 Stat. 4, 176 (Mar. 11, 2021), added section 3134 to the Internal Revenue Code, whose heading repeats the CARES Act title and whose Suspension Clause reappears word for word at 135 Stat. 177, for wages paid after June 30, 2021 (§ 3134(n), 135 Stat. 182) (Ex. LAW-003). The Infrastructure Investment and Jobs Act, Pub. L. 117-58, § 80604, 135 Stat. 429, 1341 (Nov. 15, 2021), ended the credit for calendar quarters beginning after September 30, 2021, and left the third quarter of 2021 in place (Ex. LAW-004).

The clause has seven elements, taken in the statute's order: orders; from an appropriate governmental authority; limiting commerce, travel, or group meetings (for commercial, social, religious, or other purposes); due to COVID-19; the operation of the trade or business fully or partially suspended; during the calendar quarter; and due to those orders. The words "essential," "comparable operations," "telework," "customers," "voluntary," "more than nominal," "10 percent," "directed at," "jurisdiction over the employer," "proximate," "independent" and "sufficient" appear in none of the four enactments. The credit runs by calendar quarter; the six quarters the clause governs are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021.

The partial-suspension test and how this report applies it

In this report the Internal Revenue Service is the "Service," the Government as a litigant is the "United States," Notice 2021-20, 2021-11 I.R.B. 922, is the "Notice," and the statutory text above is the "Suspension Clause." Tri-State is Tri-State Memorial Hospital v. United States, No. 2:25-cv-0181-TOR, ECF No. 38 (E.D. Wash. May 28, 2026), the one federal decision construing the clause's words. Doc. 44 is the United States' opposition and cross-motion for summary judgment in Stenson Tamaddon, LLC v. IRS, No. 2:24-cv-01123-SPL (D. Ariz. Jan. 6, 2025), ECF No. 44; Doc. 49 is the summary-judgment order in that case of June 20, 2025; and the Br. for Appellees is the United States' brief in the appeal, No. 25-4217 (9th Cir. Jan. 30, 2026).

The statute controls, and the Notice does not. The United States has told two federal courts so: the Notice "is merely guidance" and "lacks the force of law" (Doc. 44 at 19); "the United States is not arguing that the IRS interpretation has the force of law or is entitled to deference" (Doc. 44 at 31 & n.8); "[w]hether Notice 2021-20 exists or not, the statute will control whether a refund is warranted" (Doc. 44 at 24). The court held that "the Notice carries no force of law and is entitled to no deference" (Doc. 49 at 27) and that the ten percent figure "is not an exclusionary cut-off point, but rather a safe harbor" (Doc. 49 at 26). In the Ninth Circuit the United States called the Notice "nonbinding guidance," its ten percent provision "a quintessential safe harbor," and wrote that "[t]here is no question of deference here" (Br. for Appellees at 26, 37-38, 58).

"Fully or partially suspended" means what the words say. On definitions both parties agreed, Tri-State held: "a 'partial suspension' is a temporary delay, interruption, or termination of a portion an employer's business. The language is plain" (Tri-State at 8-9). The court refused to read "more than nominal" as "significant": "the plain language and ordinary meaning of partial and nominal do not suggest either of those interpretations" (Tri-State at 10-11). The Notice's ten percent rules are "only administrative guidance"; "the IRS Notice provides a method for the test to be met not as a requirement to meet the test" (Tri-State at 15-16). "Due to" means "because of," which "[b]oth Plaintiff and Defendant agree" (Tri-State at 17), and "the Court recognizes that 'due to' requires 'but-for' causation" (Tri-State at 19). The argument that the virus rather than the order caused the changes fails: "[s]ick patients and employees alone did not require additional protocols" (Tri-State at 20-21).

This report applies the test in five steps, with the instruments the Library holds for your selection and no others. Step one, the order: the issuer, the instrument by number and title, its dates and its exhibit; the Service's own Q&A-10 treats "orders, proclamations, or decrees" as orders "without regard to the level of enforcement" (Notice 2021-20, Q&A-10, at 927-28). Step two, the function it reached: the part of the business the order governed, whether the customer-facing floor, the back of house, the office, the workforce, the supply chain or the customer base. Step three, the change it compelled: the operative words, quoted from the instrument, and the sanction behind them. Step four, the quarter: the days on which the instrument was in force, tested against its dates. Step five, the statute's answer: a function is a portion of the operation; a compelled change is a delay, interruption or termination of that portion; but for the order no law required it; and on the definitions the United States agreed to, the operation was partially suspended during the quarter due to the order.

The statute does not ask whether the business was "essential" or stayed open: the Notice's own Q&A-17, Example 4, calls an open hospital under an elective-procedure order partially suspended (Q&A-17, at 930). It does not ask whether the business could telework: Q&A-15 finds a partial suspension wherever a workplace closure "causes the employer to suspend business operations for certain purposes, but not others" (Q&A-15, at 929). It does not ask whose customers were under orders: "a business may be suspended 'due to' a government order addressing a third party" (Br. for Appellees at 41). It does not ask whether a compelled measure was "voluntary": Q&A-14 reaches only a suspension "not due to a governmental order" (Q&A-14, at 929). And it does not ask for a percentage: "The 10 percent is not determinative ... Properly understood, it isn't an eligibility requirement" (Doc. 44 at 14). The Service's letters ask each of those questions. The statute asks one, and this report answers it, instrument by instrument.

How this report was assembled

The report is drawn from The COVID Project's Orders Library, which indexes the governmental orders that limited commerce, travel and group meetings in the United States from March 2020 through September 30, 2021. The Library is organized in layers, and the report walks them in order for your selection: the federal layer (proclamations, executive orders, agency orders and rules, and the federal courts' general orders); your State, from its first declaration to the instrument that ended its general restrictions; your metropolitan area's health officers, mayors and courts; the sector regulators of your industry (licensing boards, health departments, alcohol and gaming regulators, labor agencies and federal program rules); the clusters of authorities that are easy to overlook (ports, aviation, courts, motor-vehicle offices, tribal and territorial governments); the standing duties of your State and of the United States (communicable-disease, workplace-safety and liability-shield statutes); and the organizers' notices of the trade shows, conventions, seasons and tournaments your industry lost.

Every record carries one of two grades, and the report shows only these two. Primary source read means the compiler read the issuing authority's own text: the order as published, the register page, the codified rule, the court's docket entry. Confirmed from a secondary source means the instrument's existence, number, date and substance were established from an identifiable secondary source and the primary text was not read. Records graded unverified or not retrieved never appear. Every exhibit was retrieved from the issuing authority's site or from the Internet Archive's capture of it, kept only if its text contained a distinctive phrase of the instrument, hashed at retrieval and re-checked by a second reviewer.

Every instrument has one exhibit identifier, used everywhere on the site and in this report. A State instrument carries its two-letter State code and a serial number (Ex. TX-004 is Texas Executive Order GA-09 of March 22, 2020); a metropolitan instrument carries MET and the metro code; a federal instrument carries FED; a sector regulator's instrument carries SEC and the industry number, and an organizer's notice adds GM; an overlooked authority carries AGY and its cluster; a standing duty carries DUT and the State code, or DUT-FED (Ex. DUT-FED-001 is the general duty clause of the Occupational Safety and Health Act); a legal authority carries LAW.

The dates decide the quarters. An instrument is in force in a quarter only if its effective date fell on or before the quarter's last day and its end date, if any, fell on or after the quarter's first day. The six quarters are the second, third and fourth quarters of 2020 and the first, second and third quarters of 2021. Because the CARES Act applies to wages paid after March 12, 2020, and the Service's Form 941-X instructions place the credit for wages paid March 13 through March 31, 2020 on the second-quarter return, the orders of March 13 through 31, 2020, the first stay-at-home and closure orders in the country, appear in the record of the second quarter of 2020.

4. The orders, quarter by quarter

For each quarter selected, the instruments in force appear by layer: the federal layer (the Library's FED-A and FED-B files, including the federal court orders they hold), the State, the metropolitan area, the industry's regulators, and the agencies, boards and authorities whose orders resolve to the State. Within a layer the instruments that carry the industry's key limitation types come first, then the rest in date order. An instrument in force across several quarters is described in full where it first appears and listed in compact form in each later quarter. Every item carries its citation and its exhibit identifier.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Federal layer

Ex. FED-192

Guidelines for Opening Up America Again (Apr. 16, 2020)

Guidelines for Opening Up America Again

The President and the White House Coronavirus Task Force, United States (Federal)

Dates: In force from Apr. 16, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Functions reached: context: the federal template of the phased reopenings that State orders enacted (telework 'whenever possible' for employers in Phases One and Two; closed or capacity-limited venues; ten-person and fifty-person gathering ceilings; travel minimization)
Grade: Primary source read
Days in this quarter: 76 (in force on the last day)

President Trump has unveiled Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts. These steps will help state and local officials when reopening their economies, getting people back to work, and continuing to protect American lives.... Proposed State or Regional Gating Criteria: Satisfy Before Proceeding to Phased Comeback... Downward trajectory of documented cases within a 14-day period... Phase One: For States and Regions that satisfy the gating criteria. INDIVIDUALS: ALL VULNERABLE INDIVIDUALS should continue to shelter in place.... Social settings of more than 10 people, where appropriate distancing may not be practical, should be avoided unless precautionary measures are observed. Avoid SOCIALIZING in groups of more than 10 people in circumstances that do not readily allow for appropriate physical distancing (e.g.…

Enforcement: None (guidance); adopted by reference in State reopening orders (e.g., the phased frameworks of Texas, Georgia, Arizona, Ohio, Pennsylvania, Colorado) and by CMS (FED-159)

Citation: The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192) Open the exhibit

Ex. FED-097

QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)

QSO-20-14-NH (REVISED)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 13, 2020 to Sept. 17, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureGathering capHealth care orders
Functions reached: VS visitation closed to all visitors and 'non-essential healthcare personnel' (home-care-senior-living; hospice; therapy contractors; hair and podiatry services; clergy); RS admissions and cohorting; DN communal dining and group activities cancelled; IN referral flows from hospitals
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

[As CMS restated it in QSO-20-39-NH:] In March of 2020, CMS issued memorandum QSO 20-14-NH providing guidance to facilities on restricting visitation of all visitors and non-essential healthcare personnel, except for certain compassionate care situations, such as an end-of-life situation. [QSO-20-14-NH revised text:] Facilities should actively screen and restrict visitation by those who meet the following criteria... Restricting means the individual should not be allowed in the facility at all, until they no longer meet the criteria above.

Enforcement: F-tag F563 (visitation) and F880 (infection control) survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097) Open the exhibit

Ex. FED-190

The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread

The President's Coronavirus Guidelines for America - 15 Days to Slow the Spread

The President and the White House Coronavirus Task Force (with CDC), United States (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached: context: the federal template for the ten-person gathering limit, the telework instruction, the closure of bars, restaurants and gyms, and the travel restraint that State orders enacted
Grade: Primary source read
Days in this quarter: 46

[image-only PDF; text as read in the prior verified research:] Listen to and follow the directions of your STATE AND LOCAL AUTHORITIES.... Work or engage in schooling FROM HOME whenever possible.... AVOID SOCIAL GATHERINGS in groups of more than 10 people.... Avoid eating or drinking at bars, restaurants, and food courts - USE DRIVE-THRU, PICKUP, OR DELIVERY OPTIONS. AVOID DISCRETIONARY TRAVEL, shopping trips, and social visits.... IN STATES WITH EVIDENCE OF COMMUNITY TRANSMISSION, bars, restaurants, food courts, gyms, and other indoor and outdoor venues where groups of people congregate should be closed.

Enforcement: None (guidance); the template every State stay-at-home and closure order of March 2020 implemented

Citation: The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190) Open the exhibit

Ex. FED-191

30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)

The President's Coronavirus Guidelines for America - 30 Days to Slow the Spread

The President and the White House Coronavirus Task Force, United States (Federal)

Dates: In force from Mar. 31, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateGathering capTravel and quarantineSchools and child care
Functions reached: context
Grade: Primary source read
Days in this quarter: 31

Enforcement: None (guidance)

Citation: The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191) Open the exhibit

Ex. FED-157

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)

QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials

CMS, Quality, Safety & Oversight Group, United States (nursing homes; State and local officials) (Federal)

Dates: In force from May 18, 2020 to Mar. 10, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Capacity limitGathering capHealth care orders
Functions reached: VS visitation phases; DN communal dining and group activities by phase; HR non-essential personnel entry by phase (salons, therapy, volunteers); RS admissions
Grade: Primary source read
Days in this quarter: 44 (in force on the last day)

Recommendations for State and Local Officials: CMS is providing recommendations to help determine the level of mitigation needed to prevent the transmission of COVID19 in nursing homes. The recommendations cover the following items: Criteria for relaxing certain restrictions and mitigating the risk of resurgence: Factors to inform decisions for relaxing nursing home restrictions through a phased approach. Visitation and Service Considerations: Considerations allowing visitation and services in each phase.... Given the critical importance in limiting COVID-19 exposure in nursing homes, decisions on relaxing restrictions should be made with careful review of a number of facility-level, community, and State factors/orders

Enforcement: Recommendations; implemented by State orders and directives and by survey

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157) Open the exhibit

Ex. FED-290

Press release of March 12, 2020 (Building closed to the public)

Supreme Court Building closed to the public until further notice

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 12, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureCourts and public offices
Functions reached: CT; CS Washington tourism and visitor commerce
Grade: Confirmed from a secondary source
Days in this quarter: 110 (the whole quarter)

Enforcement: Supreme Court Police

Citation: Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)

Ex. FED-338

General Order 20-0012 (original)

In re: Coronavirus COVID-19 Public Emergency

Chief Judge Rebecca R. Pallmeyer, United States District Court for the Northern District of Illinois (Court)

Dates: In force from Mar. 12, 2020 to Nov. 13, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT the first of the Chicago federal court's COVID-19 orders; civil jury trials continued from Mar. 12, 2020
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

hereby issues the following order effective immediately: 1. The United States Courthouses in Chicago and Rockford, Illinois will remain open for business, subject [to the following]... 2. The following events in the Northern District of Illinois, scheduled to begin before April 3, 2020, are continued pending further order of the Court: All civil jury trials [and civil and criminal bench trials, and criminal jury trials except as ordered]... 9. Effective March 14, all mass public gatherings, other than court proceedings, are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse [in Rockford]... 12. The Court will vacate or amend this General Order no later than April 3, 2020. Dated at Chicago, Illinois this 12th day of March, 2020

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338) Open the exhibit

Ex. FED-027

CDC No Sail Order and Suspension of Further Embarkation

No Sail Order and Suspension of Further Embarkation, 85 Fed. Reg. 16628 (Mar. 24, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States (all cruise ships in U.S. waters or intending to return; 250+ passenger capacity) (Federal)

Dates: In force from Mar. 14, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV travel demand (hotels-travel); GS group sales and travel agencies; CB cruise passengers and the port economies (Miami, Port Canaveral, Galveston, Seattle, Los Angeles, New Orleans, Baltimore, New York); SC provisioning and port services
Grade: Primary source read
Days in this quarter: 109 (in force on the last day)

announces the issuance of a No Sail Order and Suspension of Further Embarkation on March 14, 2020 for all cruise ships that are not voluntarily suspending operation.... This Notice of No Sail Order and Other Measures Related to Operations shall apply only to the subset of carriers described below and hereinafter referred to as 'cruise ships,' except this Order shall not apply to any cruise ship that voluntarily suspends operations for the period of this Order

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2 (criminal penalties); Coast Guard captain-of-the-port authority

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027) Open the exhibit

Ex. FED-279

Order of March 16, 2020 (COVID-19 building access)

Order restricting access to the James R. Browning, William K. Nakamura, Pioneer and Richard H. Chambers United States Courthouses

United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), United States Court of Appeals for the Ninth Circuit (San Francisco, Seattle, Portland, Pasadena courthouses) (Court)

Dates: In force from Mar. 16, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT appellate courthouses closed to the public; arguments by video or livestream; CS law firms' appellate practice
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

Chief among the recommended precautions is to limit person to person interactions. Therefore, it is hereby ordered that: Access to the James R. Browning (San Francisco), the William K. Nakamura (Seattle), the Pioneer (Portland) and the Richard H. Chambers (Pasadena) United States Courthouses is restricted to judges and court staff during non-court weeks. In the event any public court proceeding is held, it will be livestreamed.

Enforcement: court order; U.S. Marshals and court security

Citation: United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279) Open the exhibit

Ex. FED-291

Press release of March 16, 2020 (postponement of the March 2020 argument session)

Supreme Court postpones oral arguments scheduled for the March session

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Mar. 16, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT the highest court in the country suspended in-person argument for the first time since 1918; CS
Grade: Primary source read
Days in this quarter: 107 (in force on the last day)

In keeping with public health precautions recommended in response to COVID-19, the Supreme Court is postponing the oral arguments currently scheduled for the March session (March 23-25 and March 30-April 1).... The Court postponed scheduled arguments for October 1918 in response to the Spanish flu epidemic. The Court also shortened its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291) Open the exhibit

Ex. FED-317

General Order 72

In re: Coronavirus Disease Public Health Emergency

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (San Francisco, Oakland, San Jose, Eureka) (Court)

Dates: In force from Mar. 16, 2020 to Apr. 30, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT the federal court for Silicon Valley and San Francisco suspended jury and grand-jury proceedings from Mar. 16, 2020; CS law firms, court reporters, process servers
Grade: Primary source read
Days in this quarter: 46

[Bay Area health officers have ordered the public to] postpone in-person events consisting of 50 people or more;... hereby issues the following Order, effective immediately: 1. No jury trial will be commenced before May 1, 2020. Any trial dates currently scheduled [before that date will be vacated]... 3. Appearances before the district judges may be waived or postponed, if required by [the parties' health]... 5. All grand jury proceedings in this district are suspended until May 1, 2020.

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317) Open the exhibit

Ex. FED-264

OMB Memorandum M-20-16

Federal Agency Operational Alignment to Slow the Spread of Coronavirus COVID-19

Office of Management and Budget (Acting Director Russell T. Vought), United States (executive branch, nationwide) (Federal)

Dates: In force from Mar. 17, 2020 to Apr. 20, 2020
Quarters: 2020 Q2
Limitations: Business closureTelework mandateWorkplace rules
Functions reached: OF federal offices emptied nationwide; PJ contractor performance moved to telework or postponed; CS in-person federal transactions postponed (Social Security offices, IRS taxpayer assistance centers, passport agencies, USCIS, USDA service centers, VA regional offices); CB every business whose customer, licensor or counterparty was a federal office
Grade: Primary source read
Days in this quarter: 35

the Government must immediately adjust operations and services to minimize face-to-face interactions, especially at those offices or sites where people may be gathering in close proximity or where highly vulnerable populations obtain services.... Non-mission-critical functions that cannot be performed remotely or that require in-person interactions may be postponed or significantly curtailed.... Maximize telework across the nation for the Federal workforce (including mandatory telework, if necessary), while maintaining mission-critical workforce needs... Assess professional services and labor contracts to extend telework flexibilities to contract workers wherever feasible... Agencies shall communicate with their customers to encourage them to delay transactions which are not time-critical and to ensure that available resources can be re-prioritized to mission-critical activities.

Enforcement: OMB directive; agency facility-access policies for employees, contractors and visitors

Citation: Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264) Open the exhibit

Ex. FED-390

Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors

Hoover Dam temporarily closed to all visitors

Bureau of Reclamation, Hoover Dam, Nevada-Arizona (Bureau of Reclamation, Lower Colorado Basin Region) (Federal)

Dates: In force from Mar. 17, 2020 to Oct. 22, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Business closure
Functions reached: AM the busiest federal tourist attraction in the Southwest (about one million visitors a year) closed; CB Las Vegas tour operators and Boulder City commerce
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

[In accordance with guidance] by the Centers for Disease Control and Prevention, Hoover Dam will be temporarily closed to visitors, including [the visitor center and all tours, until further notice.]

Enforcement: Reclamation facility order

Citation: Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390) Open the exhibit

Ex. FED-324

USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020

USCIS Temporarily Closing Offices to the Public March 18 - April 1

U.S. Citizenship and Immigration Services, United States (all USCIS field offices, asylum offices and Application Support Centers) (Federal)

Dates: In force from Mar. 18, 2020 to June 4, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: HR work-authorization biometrics, interviews and naturalization ceremonies postponed; CS immigration law practice; WF
Grade: Primary source read
Days in this quarter: 79

Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services.

Enforcement: agency closure

Citation: U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324) Open the exhibit

Ex. FED-387

NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities)

National Park Service to Temporarily Suspend Park Entrance Fees

Secretary of the Interior David L. Bernhardt; National Park Service, United States (National Park System) (Federal)

Dates: In force from Mar. 18, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closureOther
Functions reached: AM attractions and gateway-community tourism (lodging, dining, outfitters, concessions); CB
Grade: Primary source read
Days in this quarter: 105 (in force on the last day)

Secretary of the Interior David Bernhardt directed the National [Park Service (NPS) to temporarily suspend the collection of all park entrance fees until further notice.] News Release Date: March 18, 2020

Enforcement: Secretarial direction

Citation: Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387) Open the exhibit

Ex. FED-284

Order of the Chief Judge No. 20-042

In re: Coronavirus Public Emergency - Activation of the Continuity of Operations Plan (courthouses closed)

Chief Judge Virginia A. Phillips, United States District Court for the Central District of California (Los Angeles, Santa Ana, Riverside) (Court)

Dates: In force from Mar. 23, 2020 to June 30, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT the largest federal district in the country closed its courthouses to the public Mar. 23 - May 1, 2020 and continued civil and criminal trials; CS litigation practice, process servers, court reporters, interpreters
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

the Continuity of Operations Plan... of the Central District of California is hereby activated, effective March 23, 2020 through and including May 1, 2020... All of the Courthouses of the Central District of California will be closed to the public... [emergency criminal matters and applications for temporary restraining orders and preliminary injunctions to be heard at] the Roybal Building and United States Courthouse in Los Angeles only.

Enforcement: court order; U.S. Marshals

Citation: Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284) Open the exhibit

Ex. FED-310

Second Amended Standing Order 2020-02

In re: Restrictions on Visitors to Courthouses

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Baltimore, Greenbelt) (Court)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021 (issued Mar. 20, 2020)
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to the general public from Mar. 23, 2020; CS
Grade: Primary source read
Days in this quarter: 100 (in force on the last day)

ORDERED by the United States District Court for the District of Maryland that, effective March 23, 2020, no members of the public, other than litigants with a scheduled proceeding, [may enter any] U.S. Courthouse in the District of Maryland without prior permission from the Chief Judge or [the presiding judge]... [a drop box is available at] the entrance of each courthouse to deposit and date-stamp papers between 9:00 a.m. and 4:00 p.m., Monday through Friday; and it is further ORDERED that, in addition to the above restrictions, the following persons shall not enter any U.S. Courthouse or U.S. Probation Office in this District: [persons with symptoms, exposure or recent travel]...

Enforcement: court order; court security officers

Citation: Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310) Open the exhibit

Ex. FED-391

USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only

USDA Service Centers Open for Business by Phone Appointment Only

U.S. Department of Agriculture, Farm Production and Conservation mission area, United States (all USDA Service Centers: FSA, NRCS, Rural Development) (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureCourts and public offices
Functions reached: CS farm program sign-ups, loan closings and conservation contracts by phone only; FP; IN
Grade: Confirmed from a secondary source
Days in this quarter: 100 (in force on the last day)

Enforcement: USDA operating directive

Citation: U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)

Ex. FED-389

BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon

BLM Temporarily Closes Developed Recreation Facilities in Oregon

Bureau of Land Management, Oregon/Washington State Office and District Managers, Oregon (Bureau of Land Management districts statewide) (Federal)

Dates: In force from Mar. 27, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Business closure
Functions reached: AM outdoor recreation and campground concessions; CB gateway communities
Grade: Primary source read
Days in this quarter: 96 (in force on the last day)

[The BLM will] temporarily close many of its developed recreation facilities to help limit the spread of COVID-19. This closure includes all campgrounds, and some day use sites, and restrooms. Trash pickup and sanitation [services are also suspended]... These closures are pursuant to the Code of Federal Regulations (CFR): 43 CFR § 8364.1, 43 CFR § 9268.3(d)(1), and 43 CFR § 8365.1-4.... BLM-managed trails and open spaces remain open across Oregon.

Enforcement: 43 C.F.R. § 8364.1 closure orders; 43 C.F.R. § 8360.0-7 penalties

Citation: Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389) Open the exhibit

Ex. FED-293

Press release of April 3, 2020 (postponement of the April 2020 argument session)

Supreme Court postpones the April session oral arguments

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Apr. 3, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 89 (in force on the last day)

In keeping with public health guidance in response to COVID-19, the Court will postpone the oral arguments currently scheduled for the April session (April 20-22 and April 27-29). The Court will consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293) Open the exhibit

Ex. FED-158

CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020)

Non-Emergent, Elective Medical Services, and Treatment Recommendations

Centers for Medicare & Medicaid Services, HHS, United States (all healthcare facilities and clinicians) (Federal)

Dates: In force from Apr. 7, 2020 to Apr. 19, 2020
Quarters: 2020 Q2
Limitations: Business closureHealth care orders
Functions reached: SX surgery and elective procedures (hospitals); PR procedures and elective visits (physician practices); PR/CH elective and aerosol-generating dental procedures; DX diagnostics and preventive services; CB patient volumes
Grade: Primary source read
Days in this quarter: 13

CMS, in collaboration with medical societies and associations, recently created recommendations to postpone non-essential surgeries and other procedures. This document provides recommendations to limit those medical services that could be deferred, such as non-emergent, elective treatment, and preventive medical services for patients of all ages. A tiered framework is recommended to prioritize services and care to those who require emergent or urgent attention to save a life, manage severe disease, or avoid further harms from an underlying condition.... CMS urges healthcare facilities and clinicians to consider the following tiered approach to curtailing non-emergent, elective medical services and treatment.

Enforcement: Recommendations; made mandatory by State elective-procedure orders and referenced in CMS survey guidance

Citation: Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158) Open the exhibit

Ex. FED-294

Press release of April 13, 2020 (telephone arguments in May 2020)

Supreme Court to hear oral arguments by telephone conference on May 4-6 and 11-13, 2020

Supreme Court of the United States (Public Information Office), Supreme Court of the United States (Court)

Dates: In force from Apr. 13, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 79 (in force on the last day)

The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases.... In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media.

Enforcement: order of the Court

Citation: Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294) Open the exhibit

Ex. FED-028

No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)

No Sail Order and Suspension of Further Embarkation; Notice of Modification and Extension and Other Measures Related to Operations, 85 Fed. Reg. 21004 (Apr. 15, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

[modifies and extends the March 14, 2020 No Sail Order; requires each operator to submit a No Sail Order Response Plan; suspends embarkation of passengers]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028) Open the exhibit

Ex. FED-159

CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)

Opening Up America Again: Centers for Medicare & Medicaid Services (CMS) Recommendations Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I

Centers for Medicare & Medicaid Services, HHS, United States (Federal)

Dates: In force from Apr. 19, 2020 to June 8, 2020
Quarters: 2020 Q2
Limitations: Capacity limitHealth care ordersWorkplace rules
Functions reached: SX/PR resumption conditions (screening, PPE, testing, facility zoning, visitor limits, distancing in waiting rooms); OC outpatient; CB
Grade: Primary source read
Days in this quarter: 51

To expand capacity to care for these patients and to conserve adequate staff and supplies, especially personal protective equipment (PPE), on March 18 the Centers for Medicare & Medicaid Services (CMS) recommended limiting non-essential care and expanding surge capacity into ambulatory surgical centers and other areas.... Therefore, if states or regions have passed the Gating Criteria (symptoms, cases, and hospitals) announced on April 16, 2020, then they may proceed to Phase I.... Maximum use of all telehealth modalities is strongly encouraged. However, for care that cannot be accomplished virtually, these recommendations -- the first in a series of recommendations -- may guide healthcare systems and facilities as they consider resuming in-person care of non-COVID-19 patients in regions with low incidence of COVID-19 disease.

Enforcement: Recommendations; conditions adopted by State reopening orders for health care

Citation: Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159) Open the exhibit

Ex. FED-318

General Order 72-2

In re: Coronavirus Disease Public Health Emergency (General Order 72-2)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from Apr. 30, 2020 to May 21, 2020
Quarters: 2020 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 22

[WHEREAS the Governor of California] ordered a state-wide shelter-in-place;... [the Court's] courthouses remain closed in order to protect the public health and reduce the size of public [gatherings]... issues the following Order, effective immediately: 1. No jury trial will be conducted before June 1, 2020. Any trial dates currently scheduled during that period will be postponed or vacated.

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318) Open the exhibit

Ex. FED-398

H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus

H.Res. 965 (116th Congress) - Remote Voting by Proxy and Remote Committee Proceedings

U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), United States House of Representatives (Federal)

Dates: In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Gathering capOther
Functions reached: EV Capitol Hill commerce (the Capitol complex was closed to public tours from Mar. 12, 2020 through 2021); CS lobbying, government relations and hospitality in Washington
Grade: Primary source read
Days in this quarter: 42 (in force on the last day)

SECTION 1. AUTHORIZATION OF REMOTE VOTING BY PROXY DURING PUBLIC HEALTH EMERGENCY DUE TO NOVEL CORONAVIRUS. (a) AUTHORIZATION.--Notwithstanding rule III, at any time after the Speaker or the Speaker's designee is notified by the Sergeant-at-Arms, in consultation with the Attending Physician, that a public health emergency due to a novel coronavirus is in effect, the Speaker or the Speaker's designee, in consultation with the Minority Leader or the Minority Leader's designee, may designate a period (hereafter in this resolution referred to as a ''covered period'') during which a Member who is designated by another Member as a proxy... SEC. 3. PROCESS FOR VOTING DURING COVERED PERIODS. (a) RECORDED VOTES ORDERED.-- (1) IN GENERAL.--Notwithstanding clause 6 of rule I, during a covered period, the yeas and nays shall be considered as ordered on any vote on which a recorded vote or the yeas…

Enforcement: House rule

Citation: U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398) Open the exhibit

Ex. FED-334

General Order 73 (Amended May 21, 2020)

Continuing Temporary Restrictions on Courthouse Access (Amended May 21, 2020)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from May 21, 2020 to July 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to the public except for official court business, Mar. 2020 - June 30, 2021
Grade: Primary source read
Days in this quarter: 41 (in force on the last day)

[In light of the shelter-in-place orders and to protect] courthouse visitors, the court will continue to temporarily restrict courthouse access at all four locations due to the ongoing COVID-19 emergency. Effective immediately and until further [order, entry is limited to persons with official court business]... 'Official court business' shall include [scheduled proceedings and filings]... There will also be a drop box available for manual filing in the first floor lobby of the San Francisco, Oakland, and San Jose courthouses.

Enforcement: court order; court security

Citation: Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334) Open the exhibit

Ex. FED-393

USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020

Army Corps of Engineers begins gradual reopening of recreation areas closed due to coronavirus (May 21, 2020), following district closures of March 2020

U.S. Army Corps of Engineers Headquarters and district commanders, United States (U.S. Army Corps of Engineers recreation areas, visitor centers and project offices) (Federal)

Dates: In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Business closure
Functions reached: AM the largest federal provider of outdoor recreation (about 270 million visits a year) closed its campgrounds and visitor centers; CB
Grade: Confirmed from a secondary source
Days in this quarter: 41 (in force on the last day)

Reopening of closed recreation areas will vary from location to location based on state and local conditions, as well as each project's ability to put in place COVID-19 safety precautions.

Enforcement: 36 C.F.R. part 327 closures

Citation: U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)

Ex. FED-010

Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus

Determination that a Public Health Emergency Exists

Alex M. Azar II, Secretary of Health and Human Services, United States (Federal)

Dates: In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the CDC orders (each states it runs until the PHE ends), the § 1135 waivers, the CMS interim final rules and the OSHA ETS findings
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

As a result of confirmed cases of 2019 Novel Coronavirus (2019-nCoV), on this date and after consultation with public health officials as necessary, I, Alex M. Azar II, Secretary of Health and Human Services, pursuant to the authority vested in me under section 319 of the Public Health Service Act, do hereby determine that a public health emergency exists and has existed since January 27, 2020, nationwide.

Enforcement: Predicate; the enabled instruments carry their own enforcement

Citation: Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010) Open the exhibit

Ex. FED-200

Proclamation 9984

Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus and Other Appropriate Measures To Address This Risk, 85 Fed. Reg. 6709 (Feb. 5, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel from China (business visitors, buyers, engineers); SC supplier engineering and quality visits; MK inbound trade-show attendance; CB foreign customer base
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the People's Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on February 2, 2020.

Enforcement: Sec. 3: implemented by the Secretaries of State and Homeland Security; an alien who circumvents the proclamation is a priority for removal (sec. 3(c)); carriers barred from boarding covered aliens under DHS implementing measures

Citation: President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200) Open the exhibit

Ex. FED-180

Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)

Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the federal legal framework under which pharmacies, employers' clinics, and later dental and other practitioners administered tests and vaccines
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

The Public Readiness and Emergency Preparedness Act (PREP Act) authorizes the Secretary of Health and Human Services (the Secretary) to issue a Declaration to provide liability immunity to certain individuals and entities (Covered Persons) against any claim of loss caused by, arising out of, relating to, or resulting from the manufacture, distribution, administration, or use of medical countermeasures (Covered Countermeasures), except for claims involving 'willful misconduct' as defined in the PREP Act.... DATES: The Declaration was effective as of February 4, 2020.

Enforcement: Liability immunity; amended nine times through 2021 (85 Fed. Reg. 21012; 35100; 52136; 79190; 86 Fed. Reg. 7872; 9516; 14462; 41977; 51160)

Citation: Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180) Open the exhibit

Ex. FED-181

Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV

Determination of Public Health Emergency, 85 Fed. Reg. 7316 (Feb. 7, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Feb. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationHealth care orders
Functions reached: context: the earliest federal emergency determination (Feb. 4, 2020); the legal basis of every COVID-19 test EUA
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On February 4, 2020, the Secretary determined pursuant to his authority under section 564 of the FD&C Act that there is a public health emergency that has a significant potential to affect national security or the health and security of United States citizens living abroad and that involves a novel (new) coronavirus (nCoV) first detected in Wuhan City, Hubei Province, China in 2019 (2019-nCoV). On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for detection and/or diagnosis of this novel coronavirus (2019-nCoV) pursuant to section 564 of the FD&C Act

Enforcement: Framework for FDA emergency use authorizations

Citation: Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181) Open the exhibit

Ex. FED-001

Proclamation 9994

Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak, 85 Fed. Reg. 15337 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every federal health-care instrument (FED-090 to FED-099, FED-160)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

do hereby find and proclaim that the COVID-19 outbreak in the United States constitutes a national emergency, beginning March 1, 2020. Pursuant to this declaration, I direct as follows: Section 1. Emergency Authority. The Secretary of HHS may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children's Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the COVID-19 outbreak.

Enforcement: Predicate only; operates through the instruments it enables (§ 1135 waivers; CMS interim final rules; Stafford Act assistance)

Citation: President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001) Open the exhibit

Ex. FED-160

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)

COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers

Centers for Medicare & Medicaid Services, HHS, United States (Medicare, Medicaid and CHIP providers) (Federal)

Dates: In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health); IP surge capacity and 'hospitals without walls' (hospitals); HC/SN home health assessments and supervision (home care); OF credentialing and administration (HR); CB payers
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

CMS is empowered to take proactive steps through 1135 waivers as well as, where applicable, authority granted under section 1812(f) of the Social Security Act (the Act) and rapidly expand the Administration's aggressive efforts against COVID-19. As a result, the following blanket waivers are in effect, with a retroactive effective date of March 1, 2020 through the end of the emergency declaration.... Home Health Agencies (HHAs): Initial Assessments. CMS is waiving the requirements at 42 CFR § 484.55(a) to allow HHAs to perform Medicare-covered initial assessments and determine patients' homebound status remotely or by record review. Waive Onsite Visits for HHA Aide Supervision. CMS is waiving the requirements at 42 CFR § 484.80(h), which require a nurse to conduct an onsite visit every two weeks.

Enforcement: Modifies otherwise mandatory conditions of participation; survey and certification

Citation: Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160) Open the exhibit

Ex. FED-182

Emergency Use Declaration: personal respiratory protective devices

Emergency Use Declaration, 85 Fed. Reg. 13907 (Mar. 10, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 2, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (respirator supply) in every health care and industrial sector
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

On the basis of this determination, he also declared that circumstances exist justifying the authorization of emergency use of personal respiratory protective devices during the COVID-19 outbreak, pursuant to section 564 of the FD&C Act, subject to the terms of any authorization issued under that section. DATES: The determination was effective February 4, 2020, and this declaration is effective March 2, 2020.

Enforcement: Framework for the NIOSH-respirator, imported-respirator and decontamination EUAs

Citation: Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182) Open the exhibit

Ex. FED-201

Proclamation 9992

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Islamic Republic of Iran), 85 Fed. Reg. 12855 (Mar. 4, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TV inbound travel; CB foreign customer base
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 6. Effective Date. This proclamation is effective at 5:00 p.m. eastern standard time on March 2, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201) Open the exhibit

Ex. FED-096

CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)

QSO-20-13-Hospitals

CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, United States (Medicare-participating hospitals) (Federal)

Dates: In force from Mar. 4, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: ED intake and screening; VS visitation; IC infection control; IP placement and discharge
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Hospital Guidance and Actions - CMS regulations and guidance support hospitals taking appropriate action to address potential and confirmed COVID cases and mitigate transmission including screening, discharge and transfers from the hospital, and visitation.... Hospitals should identify visitors and patients at risk for having COVID-19 infection before or immediately upon arrival to the healthcare facility.

Enforcement: Hospital CoP survey and enforcement (42 C.F.R. § 482.42)

Citation: CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096) Open the exhibit

Ex. FED-164

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-12-All, Suspension of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all certified providers, suppliers and CLIA laboratories) (Federal)

Dates: In force from Mar. 4, 2020 to May 1, 2023
Quarters: 2020 Q2
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR certification and survey functions (initial certification and change-of-ownership surveys delayed for new providers and acquirers)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

Specifically, CMS is suspending non-emergency inspections across the country, allowing inspectors to turn their focus on the most serious health and safety threats like infectious diseases and abuse.... Effective immediately, survey activity is limited to the following (in Priority Order): All immediate jeopardy complaints... Complaints alleging infection control concerns, including facilities with potential COVID-19 or other respiratory illnesses; Statutorily required recertification surveys (Nursing Home, Home Health, Hospice, and ICF/IID facilities); Any re-visits necessary to resolve current enforcement actions; Initial certifications; Surveys of facilities/hospitals that have a history of infection control deficiencies

Enforcement: Governs federal survey operations

Citation: CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164) Open the exhibit

Ex. FED-088

Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)

Guidance on Preparing Workplaces for COVID-19

OSHA, U.S. Department of Labor, United States (all employers) (Federal)

Dates: In force from Mar. 9, 2020 to Jan. 29, 2021
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: EMP context: the federal template (exposure-risk pyramid; engineering, administrative and PPE controls) that State workplace orders incorporated by reference
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. The recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.... the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: None as guidance; general duty clause citations used it as the measure of recognized hazard and feasible abatement

Citation: OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088) Open the exhibit

Ex. FED-098

QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)

QSO-20-18-HHA

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid home health agencies) (Federal)

Dates: In force from Mar. 10, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care orders
Functions reached: HC in-home visits (pre-visit screening); IC infection control; HR/WF staff monitoring
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

This memorandum responds to questions we have received and provides important guidance for all Medicare and Medicaid participating Home Health Agencies (HHAs) in addressing the COVID-19 outbreak and minimizing transmission to other individuals.... HHAs should be monitoring the health status of everyone (patients/residents/visitors/staff/etc.) in the homecare setting for signs or symptoms of COVID-19.... When making a home visit, HHAs should identify patients at risk for having COVID-19 infection before or immediately upon arrival to the home.

Enforcement: HHA CoP survey and certification (42 C.F.R. § 484.70)

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098) Open the exhibit

139 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-017

Executive Order 20-25

A Safe and Strong Oregon: Maintaining Essential Health Directives in Response to COVID-19, and Implementing a Phased Approach for Reopening Oregon's Economy

Governor Kate Brown, Oregon (State)

Dates: In force from May 15, 2020 to June 5, 2020 (issued May 14, 2020)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capTravel and quarantineCourts and public officesWorkplace rules
Functions reached: CB customer base (stay-near-home baseline; Phase I local gatherings only); SF closed categories until county Phase I; DR dining (baseline take-out only; Phase I under guidance); SL salons and gyms (Phase I under guidance); OF office work prohibited where telework available (statewide, every phase under this order); EMP mandatory OHA employer guidance; GATH 25/10 caps; TR minimize non-essential travel; CRT state offices closed to public
Grade: Primary source read
Days in this quarter: 22

2.... It is essential... that individuals continue to stay at or near their home or place of residence, whenever possible.... 3. a. All cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings outside of a home or place of residence continue to be prohibited, regardless of size, unless a distance of at least six (6) feet can be consistently maintained..., in which case social and recreational gatherings of up to ten (10) people are permitted. 4. a. Restaurants, bars, taverns, brew pubs, wine bars, cafes, food courts, coffee shops, clubs, or other similar establishments that offer food or drink may not offer or allow on-premises consumption of food or drink. 5. a. Operation of the following businesses, for which close personal contact is difficult or impossible to avoid, continues to be prohibited: Amusement parks…

Enforcement: Para. 23: ORS 401.192(1) full force and effect of law, inconsistent laws, ordinances, rules and orders inoperative; para. 24: this order 'and any guidance issued by OHA... are public health laws, as defined in ORS 431A.005, and may be enforced as permitted under ORS 431A.010'; ORS 401.990; para. 6(b), 7(d): closure until compliance

Citation: Governor Kate Brown, Executive Order 20-25 (May 14, 2020) (Ex. OR-017) Open the exhibit

Ex. OR-020

Executive Order 20-27

A Safe and Strong Oregon: Maintaining Essential Health Directives in Response to COVID-19, and Implementing a Phased Approach for Reopening Oregon's Economy (Phase I and Phase II)

Governor Kate Brown, Oregon (State)

Dates: In force from June 5, 2020 to Dec. 3, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Functions reached: OF office work prohibited where telework available in every county not in Phase II (Multnomah, Washington, Clackamas through Dec. 2, 2020); GATH 25 (Phase I) / 50 indoor-100 outdoor (Phase II) / 10 indoor social from July 15 via OHA guidance; MASK OHA face-covering guidance made mandatory (June 24 seven counties; July 1 statewide indoor; July 15 outdoor; Aug. 13 offices); DR, SL, FC sectors under mandatory OHA guidance; CB customer base under stay-near-home baseline; TR non-essential travel minimized (para. 7)
Grade: Primary source read
Days in this quarter: 26 (in force on the last day)

3. a. Cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings of more than 10 people outside of a home or place of residence are prohibited.... 4.... businesses must comply with any applicable OHA guidance, including but not limited to employer guidance, and face coverings guidance, which may be amended from time to time.... a. (1) During the Baseline Phase, restaurants, bars, taverns... may not offer or allow on-premises consumption of food or drink.... 5. a. All businesses and non-profit entities with offices in Oregon shall facilitate telework and work-at-home by employees, to the maximum extent possible. Work in offices is prohibited whenever telework and work-at-home options are available, in light of position duties, availability of teleworking equipment, and network adequacy.... d. Businesses and non-profits that…

Enforcement: Para. 25 legal effect (ORS 401.192(1)); para. 26 as quoted; closure until compliance (para. 5(d))

Citation: Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020) Open the exhibit

Ex. OR-007

Executive Order 20-12

Stay Home, Save Lives: Ordering Oregonians to Stay at Home, Closing Specified Retail Businesses, Requiring Social Distancing Measures for Other Public and Private Facilities, and Imposing Requirements for Outdoor Areas and Licensed Childcare Facilities

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 23, 2020 to May 14, 2020
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureTelework mandateGathering capTravel and quarantineSchools and child careCourts and public officesWorkplace rules
Functions reached: CB customer base under stay-home; SF sales floor / premises closed (forty categories); SF every other retailer under mandatory distancing officer; OF office work prohibited where telework available (all businesses and non-profits); EMP mandatory written distancing policies including for business-critical visitors; GATH all non-essential gatherings; WF workforce (schools closed; child care emergency-only); TR travel minimized; CRT state offices closed to the public; AM recreation (campgrounds, pools, courts, playgrounds closed)
Grade: Primary source read
Days in this quarter: 53

1. It is essential to the health, safety, and welfare of the State of Oregon during the ongoing state of emergency that, to the maximum extent possible, individuals stay at home or at their place of residence... a. Non-essential social and recreational gatherings of individuals outside of a home or place of residence (e.g., parties, celebrations, or other similar gatherings and events) are prohibited immediately, regardless of size, if a distance of at least six feet between individuals cannot be maintained.... 2.... effective 12:01 a.m. on March 24, 2020, I prohibit the operation of the following businesses, for which close personal contact is difficult or impossible to avoid: Amusement parks; aquariums; arcades; art galleries (to the extent that they are open without appointment); barber shops and hair salons; bowling alleys; cosmetic stores; dance studios; esthetician practices…

Enforcement: Para. 1(e): failure to comply 'constitutes an imminent threat and creates an immediate danger to public health'; para. 24: public health law under ORS 431A.005 enforceable under ORS 431A.010; ORS 401.990 (Class C misdemeanor); para. 7 and 11: non-compliant businesses 'will be closed until they demonstrate compliance'; ORS 401.192(1): inconsistent laws, ordinances, rules and orders inoperative

Citation: Governor Kate Brown, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007) Open the exhibit

Ex. OR-003

Executive Order 20-07

Prohibiting On-Premises Consumption of Food or Drink and Gatherings of 25 People or More

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 17, 2020 to Apr. 14, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capAlcohol and barsEvents and venues
Functions reached: DR dining room; BA bar and alcohol service; BQ banquets and catering; GATH events (conventions, fairs, festivals); WS worship; MK trade shows
Grade: Primary source read
Days in this quarter: 29

restaurants, bars, taverns, brew pubs, wine bars, cafes, food courts, coffee shops, clubs, or other similar establishments that offer food or drink may not offer or allow on-premises consumption of food or drink. This prohibition applies statewide. Establishments may offer food or drink for off-premises consumption (e.g., take-out or drive-through) or for delivery.... I am prohibiting social, spiritual, and recreational gatherings of 25 people or more. This prohibition applies statewide.

Enforcement: Para. 9: public health law under ORS 431A.005, enforceable under ORS 431A.010; ORS 401.990 penalties

Citation: Governor Kate Brown, Executive Order 20-07 (Mar. 17, 2020) (Ex. OR-003) Open the exhibit

Ex. OR-011

Executive Order 20-14

Extending the Duration of Executive Order No. 20-07 (Prohibiting On-Premises Consumption of Food or Drink)

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 7, 2020 to May 14, 2020
Quarters: 2020 Q2
Limitations: Business closureGathering capAlcohol and bars
Functions reached: DR dining room; BA bar; GATH events
Grade: Primary source read
Days in this quarter: 38

On page 3 of Executive Order 20-07, paragraph 8 is amended to provide as follows: This Executive Order remains in effect until terminated by the Governor.

Enforcement: As in EO 20-07 (ORS 431A.010; ORS 401.990)

Citation: Governor Kate Brown, Executive Order 20-14 (Apr. 7, 2020) (Ex. OR-011) Open the exhibit

Ex. OR-059

Executive Order 20-09

Suspension of In-Person Instructional Activities at Higher Education Institutions

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 21, 2020 to Apr. 28, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Business closureSchools and child care
Functions reached: IN in-person instruction prohibited; CP campus operations limited to critical functions; WF student workforce; MK campus events
Grade: Primary source read
Days in this quarter: 39

colleges and universities shall be prohibited from conducting in-person classroom, laboratory, and other instruction from March 21, 2020, through April 28, 2020 ("effective period"), unless that period is extended or terminated earlier by the Governor.... During the effective period, colleges and universities shall limit on-campus operations only to critical functions and shall employ social distancing measures...

Enforcement: ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 20-09 (Mar. 19, 2020) (Ex. OR-059) Open the exhibit

Ex. OR-009

Chief Justice Order 20-006 (Amended)

Amended Order Imposing Level 3 Restrictions on Court Operations

Chief Justice Martha L. Walters, Oregon Supreme Court, Oregon (Court)

Dates: In force from Mar. 27, 2020 to June 1, 2020
Quarters: 2020 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CL closings and court-dependent transactions; CT courts (civil, family, probate, FED trials postponed); GATH jury assembly
Grade: Primary source read
Days in this quarter: 67

Except as provided in subparagraph 2.c.(3), all such trials scheduled to begin earlier than June 1, 2020, shall be postponed, and no such trials shall be scheduled to begin before June 1, 2020.... Trials that are held shall be conducted by remote means if reasonably feasible and permitted by law... Our goal is to continue to provide essential services while significantly minimizing the number of judges, staff, litigants and case participants, interpreters, and members of the public who come into our courthouses and offices.

Enforcement: Administrative order binding on all State courts (ORS 1.002)

Citation: Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-006 (Amended) (Mar. 27, 2020) (Ex. OR-009) Open the exhibit

Ex. OR-012

Executive Order 20-16

Keep Government Working: Ordering Necessary Measures to Ensure Safe Public Meetings and Continued Operations by Local Government

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 15, 2020 to Sept. 1, 2020
Quarters: 2020 Q22020 Q3
Limitations: Gathering capCourts and public offices
Functions reached: CT public hearings (land use, permits, budgets) moved online; PM permits and plan review; BD bidding and public meetings
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

The governing body of a public body (as defined by ORS 192.610(3) and (4)) shall hold public meetings and hearings by telephone, video, or through some other electronic or virtual means, whenever possible.... the public body does not have to provide a physical space for the public to attend the meeting or hearing.

Enforcement: ORS 401.192(1) full force and effect of law

Citation: Governor Kate Brown, Executive Order 20-16 (Apr. 15, 2020) (Ex. OR-012) Open the exhibit

Ex. OR-060

Executive Order 20-17

Extending Executive Order No. 20-09 (Suspension of In-Person Instructional Activities at Higher Education Institutions)

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 17, 2020 to June 13, 2020
Quarters: 2020 Q2
Limitations: Business closureSchools and child care
Functions reached: IN in-person instruction prohibited through June 13, 2020; CP campus operations
Grade: Primary source read
Days in this quarter: 58

colleges and universities shall be prohibited from conducting in-person classroom, laboratory, and other instruction from March 21, 2020, through June 13, 2020 ("effective period"), unless that period is extended or terminated earlier by the Governor.

Enforcement: ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 20-17 (Apr. 17, 2020) (Ex. OR-060) Open the exhibit

Ex. OR-013

Executive Order 20-19

Childcare Facilities: Emergency Child Care Only

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 23, 2020 to June 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureSchools and child care
Functions reached: EC extended care and child care (emergency-only, ELD conditions: group size, priority populations); WF workforce (parents' child care); AD enrollment
Grade: Primary source read
Days in this quarter: 69 (in force on the last day)

Any childcare facility licensed or program recorded under ORS 329A.030 and ORS 329A.250 to ORS 329A.450 ("childcare facility") not approved by the Department of Education, Early Learning Division, Office of Child Care ("ELD") to operate as an emergency childcare facility must remain closed.... Paragraphs 15 through 17 of Executive Order No. 20-12 ("Stay Home, Save Lives"), related to childcare facilities, are rescinded, and replaced by the directives in this Executive Order.

Enforcement: ORS 401.192(1); ELD approval conditions; ORS 401.990

Citation: Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013) Open the exhibit

Ex. OR-018

Chief Justice Order 20-016

Order Imposing 'Level 2' and 'Level 3' Restrictions on Court Operations

Chief Justice Martha L. Walters, Oregon Supreme Court, Oregon (Court)

Dates: In force from June 1, 2020 to Dec. 31, 2020 (issued May 15, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Gathering capFace-covering requirementCourts and public offices
Functions reached: CT courts (jury trials postponed to July 1, 2020; remote proceedings; distancing caps in courtrooms); CL court-dependent closings and collections; GATH courthouse occupancy
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

this order (1) imposes updated, eased, "Level 2" restrictions for courts in judicial districts that have moved to Phase One; (2) retains current "Level 3" restrictions for courts in judicial districts that have not yet moved to Phase One; and (3) imposes other requirements for court operations regardless of whether a judicial district is subject to Level 2 or Level 3 restrictions.... all jury trials... scheduled to begin earlier than July 1, 2020, shall be postponed... Jury trials shall be held in the courthouse. Jury trials shall comply with social distancing requirements in the courtroom and throughout all court-controlled areas of the courthouse.

Enforcement: Administrative order binding on all State courts

Citation: Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-016 (May 15, 2020) (Ex. OR-018) Open the exhibit

Ex. OR-021

Executive Order 20-28

Operation of Higher Education Institutions During Coronavirus Pandemic

Governor Kate Brown, Oregon (State)

Dates: In force from June 14, 2020 to June 30, 2021 (issued June 12, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Gathering capSchools and child careWorkplace rules
Functions reached: IN in-person instruction (conditional); CP campus housing and dining; AC athletics; WF student workforce; MK campus events
Grade: Primary source read
Days in this quarter: 17 (in force on the last day)

the conduct of in-person instruction leading towards a degree or certificate, research, and residential activities at colleges and universities shall be subject to restrictions, effective June 14, 2020. Namely, in-person instruction, research, and residential activities at colleges and universities may only take place if they comply with the minimum standards described in paragraph 3, below, and the directives in this Executive Order.... The Oregon Health Authority shall adopt minimum standards for the conduct of in-person instructional, research, and residential activities... requirements for face coverings, physical distancing, sanitization, monitoring, and isolation procedures.... Not later than September 1, 2020, each public university and community college must develop, and submit to its governing board, and the governing board must approve, a written plan...

Enforcement: ORS 401.192(1); enforceable statewide as public health law; designated compliance officer and complaint process required

Citation: Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021) Open the exhibit

Ex. OR-001

Executive Order 20-03

Declaration of Emergency Due to Coronavirus (COVID-19) Outbreak in Oregon

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: all functions (legal predicate for every later order)
Grade: Primary source read
Days in this quarter: 110 (the whole quarter)

The Oregon Health Authority and the state Public Health Director shall take all actions necessary and authorized under ORS 401.651 to 401.670, ORS 433.443, and ORS 431A.015 to respond to, control, mitigate, and recover from the emergency, including but not limited to... Issuing guidelines for private businesses regarding appropriate work restrictions, if necessary.... This state of emergency shall exist for sixty days from the date of this Executive Order, unless extended or terminated earlier by the Governor.

Enforcement: Predicate for ORS 401.168-401.192 powers; violations of emergency orders punishable under ORS 401.990 (Class C misdemeanor)

Citation: Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001) Open the exhibit

Ex. OR-004

Executive Order 20-08

Statewide School Closure (K-12) in Response to COVID-19

Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Oregon (State)

Dates: In force from Mar. 16, 2020 to Apr. 28, 2020 (issued Mar. 17, 2020)
Quarters: 2020 Q2
Limitations: Schools and child care
Functions reached: WF workforce (school-age children at home); IN in-person instruction; FS school food service (non-congregate)
Grade: Primary source read
Days in this quarter: 44

All public schools shall close to students from March 16, 2020, through April 28, 2020 ("closure period"), unless that period is extended or terminated earlier by the Governor.

Enforcement: ORS 401.192(1) full force and effect of law; State School Fund conditions (para. 3-4)

Citation: Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-08 (Mar. 17, 2020) (Ex. OR-004) Open the exhibit

Ex. OR-006

Executive Order 20-11

Temporary Moratorium on Residential Evictions for Nonpayment in Response to COVID-19

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 22, 2020 to June 20, 2020
Quarters: 2020 Q2
Limitations: Courts and public officesOther
Functions reached: PM property management (evictions barred); SV servicing and collections; CL court process (FED actions)
Grade: Primary source read
Days in this quarter: 91

Law enforcement officers in Oregon are prohibited from serving, delivering or acting on any notice, order or writ of termination of tenancy or the equivalent or any judicial action, pursuant to or arising under ORS 105.105 through ORS 105.168, that relates to residential evictions for nonpayment.

Enforcement: ORS 401.990

Citation: Governor Kate Brown, Executive Order 20-11 (Mar. 22, 2020) (Ex. OR-006) Open the exhibit

Ex. OR-005

Executive Order 20-10

Conserving Personal Protective Equipment: Cancelling Elective and Non-urgent Procedures; Limiting Visitation

Governor Kate Brown, Oregon (State)

Dates: In force from Mar. 23, 2020 to May 1, 2020 (issued Mar. 19, 2020)
Quarters: 2020 Q2
Limitations: Health care ordersSupply chain
Functions reached: SX surgery and elective procedures; PR dental elective and aerosol procedures; CH chairside care; OC outpatient diagnostics; VS visitation (OHA screening guidance para. 4); SC PPE supply (construction, farming, manufacturing 'strongly encouraged' to cancel non-essential PPE use)
Grade: Primary source read
Days in this quarter: 40

No later than March 23, 2020, all elective and non-urgent procedures across all care settings that utilize PPE, including but not limited to, hospitals, ambulatory surgery centers, outpatient clinics (including community health clinics and student health centers), dental clinics, and veterinary clinics, shall be cancelled, or rescheduled no earlier than June 15, 2020, for the purpose of conserving and redirecting PPE for the state's COVID-19 emergency response.... A procedure or surgery is exempt... if a three-month delay in the procedure or surgery would put the patient at risk of irreversible harm.

Enforcement: Para. 5: public health law (ORS 431A.005,.010); ORS 401.990 penalties; para. 3: surplus PPE to be surrendered to the State PPE Coordinator by Mar. 27, 2020

Citation: Governor Kate Brown, Executive Order 20-10 (Mar. 19, 2020) (Ex. OR-005) Open the exhibit

Ex. OR-008

Emergency Order to all insurers of March 25, 2020 (described in DFR's Emergency Order FAQ of March 31, 2020)

Insurance grace periods, suspension of cancellations and nonrenewals, extension of claim deadlines

Department of Consumer and Business Services, Division of Financial Regulation (Director Andrew Stolfi), Oregon (Sector regulator)

Dates: In force from Mar. 25, 2020 to Apr. 23, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: IN insurance (billing, cancellation, claims deadlines); CB customer base (premium relief)
Grade: Confirmed from a secondary source
Days in this quarter: 30

The order requires all insurance companies to postpone policy cancellations and nonrenewals, extend grace periods for premium payments, and extend deadlines for reporting claims. Postponement of policy cancellations and nonrenewals is not limited to nonpayment.... The order prohibits insurers from canceling or nonrenewing policies without the consent of the insured for the duration of the order.

Enforcement: Insurance Code enforcement by the Director (ORS ch. 731)

Citation: Department of Consumer and Business Services, Division of Financial Regulation (Director Andrew Stolfi), Emergency Order to all insurers of March 25, 2020 (described in DFR's Emergency Order FAQ of March 31, 2020) (Mar. 25, 2020) (Ex. OR-008) Open the exhibit

Ex. OR-010

Executive Order 20-13

Temporary Moratorium on Certain Evictions and Terminations of Rental Agreements and Leases (Residential and Non-Residential)

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 1, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Courts and public officesOther
Functions reached: PM property management (residential and commercial evictions barred; late charges waived); CM commercial leasing; SV collections; CL court process
Grade: Primary source read
Days in this quarter: 91 (in force on the last day)

During this moratorium, landlords of residential properties in Oregon shall not, for reason of nonpayment..., terminate any tenant's rental agreement; take any action, judicial or otherwise, relating to residential evictions pursuant to or arising under ORS 105.105 through 105.168...; or otherwise interfere in any way with such tenant's right to possession... During this moratorium, landlords of non-residential properties in Oregon shall not, for reason of nonpayment..., terminate any tenant's lease; take any action, judicial or otherwise, relating to non-residential evictions...

Enforcement: ORS 401.990; ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 20-13 (Apr. 1, 2020) (Ex. OR-010) Open the exhibit

Ex. OR-061

Executive Order 20-18

Protecting CARES Act Recovery Rebate Payments from Garnishment

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 17, 2020 to June 30, 2020
Quarters: 2020 Q2
Limitations: Other
Functions reached: SV collections and garnishment processing at banks and credit unions; BR deposit operations
Grade: Primary source read
Days in this quarter: 75 (in force on the last day)

All CARES Act Recovery Rebates to individuals shall be exempt from "garnishment" as that term is described in ORS 18.602 and used in ORS Chapter 18... All CARES Act Recovery Rebates exempt from garnishment pursuant to this Executive Order and related guidance shall remain exempt when deposited into an account in a financial institution... Upon receipt of a Notice or Writ of Garnishment, financial institutions shall treat all CARES Act Recovery Rebates in the same [manner as other exempt funds].

Enforcement: ORS 401.192(1); ORS ch. 18 garnishment procedure

Citation: Governor Kate Brown, Executive Order 20-18 (Apr. 17, 2020) (Ex. OR-061) Open the exhibit

Ex. OR-014

Executive Order 20-20

Continuing Statewide School Closures and Ordering Distance Learning for All (K-12) Through the 2019-20 School Year

Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Oregon (State)

Dates: In force from Apr. 28, 2020 to June 30, 2020 (issued Apr. 23, 2020)
Quarters: 2020 Q2
Limitations: Telework mandateSchools and child care
Functions reached: IN in-person instruction prohibited (public and private); RL remote learning compelled; WF workforce (children at home through June 30, 2020); OP school telework; AC athletics and activities
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

All public schools and private schools are prohibited from conducting in-person classroom instruction during the effective period, unless such instruction is otherwise permitted in this Executive Order or through directives issued by the Oregon Department of Education (ODE).... During the effective period, public schools and private schools shall facilitate telework arrangements and work-at-home by employees, to the maximum extent possible, and comply with other social distancing requirements set forth by OHA.

Enforcement: ORS 401.192(1); State School Fund conditions

Citation: Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-20 (Apr. 23, 2020) (Ex. OR-014) Open the exhibit

Ex. OR-015

Executive Order 20-22

Allowing Elective and Non-urgent Procedures Only in Compliance with OHA Guidance; Rescinding EO 20-10

Governor Kate Brown, Oregon (State)

Dates: In force from May 1, 2020 to June 30, 2021 (issued Apr. 27, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q2
Limitations: Health care orders
Functions reached: SX surgery and elective procedures (conditions: PPE stock, bed capacity, testing, distancing); PR dental elective procedures; VS visitation (OHA guidance continued)
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

Elective and non-urgent procedures across all care settings that utilize PPE... shall not occur unless they meet the requirements of [OHA guidance or administrative rules];... The Oregon Health Authority shall issue guidance for the procedures authorized by paragraph 1(b) of this Executive Order... Executive Order 20-10 (conserving PPE) is rescinded as of May 1, 2020.

Enforcement: Public health law (ORS 431A.010); ORS 401.990

Citation: Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015) Open the exhibit

Ex. OR-016

Executive Order 20-24

Extending the COVID-19 Declaration of Emergency (Executive Order No. 20-03) for an Additional 60 Days, Through July 6, 2020

Governor Kate Brown, Oregon (State)

Dates: In force from May 1, 2020 to July 6, 2020
Quarters: 2020 Q22020 Q3
Limitations: Emergency declaration
Functions reached: all functions (continuity of every order)
Grade: Primary source read
Days in this quarter: 61 (in force on the last day)

I am extending the state of emergency for an additional 60 days, through July 6, 2020. Executive Order 20-03 shall remain in effect through July 6, 2020, unless extended or terminated earlier by the Governor.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 20-24 (May 1, 2020) (Ex. OR-016) Open the exhibit

Ex. OR-019

Property and Casualty Insurance Order (May 22, 2020)

Extending and modifying the March 25, 2020 emergency insurance order for property and casualty insurers

Director, Department of Consumer and Business Services (Division of Financial Regulation), Oregon (Sector regulator)

Dates: In force from May 24, 2020 to June 22, 2020 (issued May 22, 2020)
Quarters: 2020 Q22020 Q3
Limitations: Other
Functions reached: IN insurance (grace periods, cancellation bar, claim deadlines); SV servicing and collections; CB premium relief
Grade: Primary source read
Days in this quarter: 30

On March 25, 2020, the Director..., acting under the authority in ORS 731.870, issued an order directing all insurers transacting insurance in Oregon to extend deadlines for reporting claims, institute grace periods for premium payment, suspend all cancellations and non-renewals, and provide other specified relief to Oregon insureds. On April 23, 2020, the Director extended the duration of the March 25 order to be in effect through May 23, 2020.... This Order takes effect on May 24, 2020, and will be in force through June 22, 2020. This Order terminates the March 25, 2020 order for P&C insurers. For all other insurance companies and all other applicable lines of insurance, the March 25 order continues in force.

Enforcement: Insurance Code (ORS ch. 731) enforcement by the Director

Citation: Director, Department of Consumer and Business Services (Division of Financial Regulation), Property and Casualty Insurance Order (May 22, 2020) (Ex. OR-019) Open the exhibit

Ex. OR-023

Executive Order 20-30

Second Extension of Executive Order 20-03 and COVID-19 State of Emergency; Rescinding Executive Order 20-13 and Executive Order 20-18

Governor Kate Brown, Oregon (State)

Dates: In force from June 30, 2020 to Sept. 4, 2020
Quarters: 2020 Q22020 Q3
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

I hereby extend Executive Order 20-03 through September 4, 2020, unless extended or terminated earlier by the Governor.... [HB 4213] codified and extended the temporary evictions moratorium from Executive Order 20-13. As a result, I find that Executive Order 20-13 is no longer necessary. I hereby rescind that order, effective immediately.... [EO 20-18] is no longer necessary. I hereby rescind that order, effective immediately.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 20-30 (June 30, 2020) (Ex. OR-023) Open the exhibit

Ex. OR-024

House Bill 4213 (2020)

Relating to evictions; and declaring an emergency

Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, Oregon (State)

Dates: In force from June 30, 2020 to Mar. 31, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Courts and public officesOther
Functions reached: PM property management (evictions, late fees, credit reporting barred); CM commercial tenancies (section 5); SV collections; CL court process
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

(a) "Emergency period" means the period beginning on April 1, 2020, and ending on September 30, 2020.... (2) During and after the emergency period and notwithstanding this chapter or ORS 105.105 to 105.168, a landlord may not, and may not threaten to: (a) Deliver a notice of termination of a rental agreement based on a tenant's nonpayment balance; (b) Initiate or continue an action under ORS 105.110 to take possession of a dwelling unit based on a notice of termination for nonpayment delivered on or after April 1, 2020; (c) Take any action that would interfere with a tenant's possession or use of a dwelling unit based on a tenant's nonpayment balance; (d) Assess a late fee or any other penalty on a tenant's nonpayment; or (e) Report a tenant's nonpayment balance as delinquent to any consumer credit reporting agency.

Enforcement: ORS ch. 90 remedies; FED court process barred

Citation: Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, House Bill 4213 (2020) (June 30, 2020) (Ex. OR-024) Open the exhibit

Ex. OR-064

SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go

Related legislation not saved as exhibits

Oregon Legislative Assembly, Oregon (State)

Dates: In force from June 30, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Alcohol and barsCourts and public officesOther
Functions reached: SV foreclosure and collections; PM evictions (SB 278 safe harbor in Q3 2021); CT public meetings; BA alcohol to go
Grade: Confirmed from a secondary source
Days in this quarter: 1 (in force on the last day)

Citation: Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)

Agencies, boards and authorities: Oregon

Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065

FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions

Coronavirus News & Updates - Portland International Airport (face coverings from May 11; facility closures; concessions takeout only under the Governor's order)

Port of Portland (owner and operator of PDX), Oregon (Portland International Airport, PDX) (Sector regulator)

Dates: In force from May 11, 2020 to June 19, 2020
Quarters: 2020 Q22020 Q3
Limitations: Business closureCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached: TV travel (routes suspended under Hawaii's quarantine order and the Canadian border restrictions; lounges and conference center closed); CB customer access (more than 40 airport shops and restaurants closed; sit-down service barred); MK meetings (PDX Conference Center suspended); HR (employee face coverings); SC (airport contractors under safety-plan conditions)
Character: binding
Grade: Primary source read
Days in this quarter: 40

Beginning May 11, all airlines serving PDX will require their passengers to wear face coverings while traveling.... All PDX airline lounges are closed at this time.... The PDX Conference Center has temporarily suspended operations (effective March 17). The children's play areas are closed (as of March 18). The Customs and Border Protection Trusted Traveler Enrollment Center at PDX has suspended operations until at least June 1.... Gov. Kate Brown's announcement restricting food and beverage operations in Oregon impacts the sit-down restaurants at PDX. Airport counter-service restaurants, grab-and-go services and coffee stands are considered takeout. The Governor's Stay Home, Save Lives order does allow for us to continue to operate PDX as critical infrastructure for the region. This includes PDX concessions, which can continue to provide takeout.... All Port of Portland staff who have to…

Enforcement: EO 20-07 and 20-12 penalties (ORS 401.990); airline conditions of carriage; Port employee rule; construction safety-plan condition

Citation: Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065) Open the exhibit

Ex. AGY-ST-ALCOHOL-092

OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer

Off-Premises Licensee Privileges (container, curbside and home-delivery rules by license type during the COVID-19 closures)

Oregon Liquor Control Commission, Oregon (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureAlcohol and barsOther
Functions reached: BA; TO; RT; CB
Grade: Primary source read
Days in this quarter: 106 (in force on the last day)

Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product

Enforcement: ORS 471.315 (suspension, cancellation)

Citation: Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) Open the exhibit

Ex. AGY-ST-ALCOHOL-093

OLCC COVID-19 Alcohol FAQ's (as of April 8, 2020)

OLCC COVID-19 Alcohol FAQ's: Information Relating to OLCC Response to Governor Brown's Executive Orders

Oregon Liquor Control Commission, Oregon (State alcoholic-beverage regulator) (Sector regulator)

Dates: In force from Mar. 17, 2020 to May 15, 2020 (issued Apr. 8, 2020)
Quarters: 2020 Q2
Limitations: Business closureAlcohol and barsWorkplace rules
Functions reached: BA; DR; CB
Grade: Primary source read
Days in this quarter: 60

the Governor issued Executive Order 20-07 (extended indefinitely by Executive Order 20-14 on April 7, 2020) which prohibits the consumption of food and drink at all licensed premises - whether the licensed premises is a bar, restaurant, winery, brewpub, or a liquor-licensed golf course. It is the responsibility of a licensee to ensure that NO consumption is taking place on their licensed premises.... Licensees should be aware that any activity relating to the consumption of alcohol could result in administrative sanctions, including immediate suspension of the license.

Enforcement: Immediate license suspension (ORS 471.315)

Citation: Oregon Liquor Control Commission, OLCC COVID-19 Alcohol FAQ's (as of April 8, 2020) (Apr. 8, 2020) (Ex. AGY-ST-ALCOHOL-093) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020

Temporary rule closing recreational hunting, fishing, crabbing and clamming to non-residents (announced by news release 'Oregon closes recreational hunting and fishing to non-residents to limit travel amid COVID-19 restrictions: Regulation takes effect Friday night (April 10)')

Oregon closes recreational hunting and fishing to non-residents to limit travel amid COVID-19 restrictions

Oregon Department of Fish and Wildlife (Director Curt Melcher), by temporary rule, Oregon Department of Fish and Wildlife (State agency; State Fish and Wildlife Commission) (State)

Dates: In force from Apr. 10, 2020 to May 5, 2020 (issued Apr. 9, 2020)
Quarters: 2020 Q2
Limitations: Business closureTravel and quarantine
Functions reached: CB customer base (all non-resident anglers, hunters, crabbers and clammers barred); TV travel into Oregon for outdoor recreation; GS guided trips, charters and lodges (non-resident clientele eliminated); RT retail licence and tackle sales to non-residents
Grade: Primary source read
Days in this quarter: 26

ODFW is closing recreational hunting, fishing, crabbing and clamming to non-residents due [to COVID-19 travel restrictions]. As of Friday 11:59 p.m., non-residents may no longer participate in these activities in Oregon. The restriction extends until COVID-19 restrictions are lifted and it is deemed safe to travel into Oregon. This order does not apply to anyone living in Oregon for less than six months who has not yet established residency.

Enforcement: Violation of wildlife rules is a Class A misdemeanor (ORS 496.992) (pin to be verified); Oregon State Police Fish and Wildlife Division enforcement; ODFW refunded non-resident spring tags

Citation: Oregon Department of Fish and Wildlife (Director Curt Melcher), by temporary rule, Temporary rule closing recreational hunting, fishing, crabbing and clamming to non-residents (announced by news release 'Oregon closes recreational hunting and fishing to non-residents to limit travel amid COVID-19 restrictions: Regulation takes effect Friday night (April 10)') (Apr. 9, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051

Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text)

Temporary Rule Addressing the COVID-19 Emergency in Employer-Provided Housing, Labor-Intensive Agricultural Operations, and Agricultural Transportation

Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services (State agency) (Sector regulator)

Dates: In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitWorkplace rulesOther
Functions reached: FP farm production and harvest (six-foot work planning, social-distancing officer, added sanitation); LB labor housing (bed spacing, cohorting, isolation); TR employer-provided transportation (capacity limits); WF workforce; OP compliance administration; SC farm labor contractors and housing operators
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

(1) Effective Date. Unless otherwise noted, the provisions of this rule take effect May 11, 2020... While this rule remains in effect, its requirements supersede those found in OAR 437-004-1110 'Field Sanitation for Hand Labor Work' for all activities otherwise subject to that rule.... (4) General requirements. Agricultural employers must provide and pay for everything required [by this rule]. (5) Social distancing officer. Affected agricultural employers must identify one or more [social distancing officers]. (6) General social distancing requirement. Affected agricultural employers must plan and implement work activities so that workers will not need to be within 6 feet of each other as they perform their duties, during breaks, or during meal [periods]... Effective June 1, 2020, provide one toilet facility and one handwashing facility for each [20 workers].

Enforcement: ORS 654.071 and 654.086 (Oregon OSHA citations and civil penalties); enforcement delayed to June 1, 2020 by the Administrator's memorandum (Ex. 055)

Citation: Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052

Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020)

Temporary Administrative Order Including Statement of Need & Justification, OSHA 2-2020

Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m., Oregon OSHA (State agency); Oregon Secretary of State, Archives Division (filing) (Sector regulator)

Dates: In force from Apr. 28, 2020 to Oct. 24, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Workplace rules
Functions reached: FP farm production; LB labor housing; TR transportation; WF workforce
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

EFFECTIVE DATE: 04/28/2020 THROUGH 10/24/2020... NEED FOR THE RULE(S): These rules are needed to protect vulnerable workers in agriculture, especially those who spend both their working and [non-working hours in close proximity to co-workers, who] are faced with greater-than-normal obstacles to effective health care, to a heightened risk of serious illness - and even [death].

Enforcement: ORS 654.071, 654.086

Citation: Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m, Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-017

Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division 4)

Filing receipt for Temporary Rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations and agricultural transportation

Oregon OSHA; filed with the Oregon Secretary of State, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates: In force from Apr. 28, 2020 to Oct. 24, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: FP; LB; TR; WF; HR
Grade: Primary source read
Days in this quarter: 64 (in force on the last day)

TEMPORARY ADMINISTRATIVE ORDER... FILED... EFFECTIVE DATE: 04/28/2020 THROUGH 10/24/2020... [the Oregon workforce and its housing occupants] are faced with greater-than-normal obstacles to effective health care, to a heightened risk of serious illness - and even death...

Enforcement: As in Ex. 016; the order recites the Oregon Safe Employment Act, ORS 654, and ORS 658.705 through 658.850

Citation: Oregon OSHA; filed with the Oregon Secretary of State, Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division 4) (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-017) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055

Temporary Rule Enforcement Memorandum, 'Interim Guidance Related to Temporary Rules Adopted in Response to the COVID-19 Emergency' (enforcement of AO 2-2020 delayed to June 1, 2020; variances; ceiling-height relaxation)

Interim Guidance Related to Temporary Rules Adopted in Response to the COVID-19 Emergency

Oregon OSHA Administrator Michael Wood, memorandum to enforcement and consultation staff, Oregon OSHA (State agency) (Sector regulator)

Dates: In force from May 8, 2020 to June 1, 2020
Quarters: 2020 Q2
Limitations: Workplace rules
Functions reached: FP farm production; LB labor housing; TR transportation; OP compliance
Grade: Primary source read
Days in this quarter: 25

On April 28th, 2020, Oregon OSHA adopted temporary emergency rules in response to the COVID-19 Emergency. These rules affect three different but related aspects of Oregon's industry -- Field Sanitation for Hand Labor, Temporary Labor Housing, and Agriculture Employer Provided Transport... 1) All enforcement of the rule (including the provisions that technically take effect May 11) will be delayed until June 1, 2020. 2) Individual growers seeking a further enforcement delay... will need to seek a temporary variance based on their particular circumstances.

Enforcement: Sets the enforcement start date (June 1, 2020) for AO 2-2020

Citation: Oregon OSHA Administrator Michael Wood, memorandum to enforcement and consultation staff, Temporary Rule Enforcement Memorandum, 'Interim Guidance Related to Temporary Rules Adopted in Response to the COVID-19 Emergency' (enforcement of AO 2-2020 delayed to June 1, 2020; variances; ceiling-height relaxation) (May 8, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-016

Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (amending OAR 437-004-1120 and related Division 4 rules), text of adopted rule

Temporary Rule Addressing the COVID-19 Emergency in Employer-Provided Housing, Labor-Intensive Agricultural Operations, and Agricultural Transportation

Oregon OSHA (Michael Wood, Administrator), Oregon; Oregon OSHA, Department of Consumer and Business Services (State-plan OSHA agency, statewide) (Sector regulator)

Dates: In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Functions reached: FP farm production and harvest (six-foot field distancing, sanitation, cloth face coverings); LB labor housing (bed spacing, cohorts, isolation space, cleaning); TR agricultural transportation (vehicle capacity and distancing); WF workforce (isolation of symptomatic occupants); HR training in workers' languages; SC (supply of sanitation facilities and PPE)
Grade: Primary source read
Days in this quarter: 51 (in force on the last day)

(2) Scope and Application (a) Section 1 of this rule applies to all labor-intensive agricultural operations (activities that normally fall under OAR 437, Division 4) when employees would otherwise perform their duties or routinely congregate within 6 feet of one another.... (f) These rules apply to all labor housing sites owned, operated, or allowed to operate on the employer's premises... (a) Provide one toilet facility and one handwashing facility for each 20 employees or fraction thereof. Effective June 1, 2020...

Enforcement: Oregon OSHA citations and civil penalties under ORS 654.071 and ORS 654.086; OAR 437-001-0135 et seq.

Citation: Oregon OSHA (Michael Wood, Administrator), Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (amending OAR 437-004-1120 and related Division 4 rules), text of adopted rule (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-016) Open the exhibit

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Federal layer

Ex. FED-029

No Sail Order; Second Modification and Extension (July 16, 2020)

No Sail Order and Suspension of Further Embarkation; Second Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 44085 (July 21, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from July 16, 2020 to Sept. 30, 2020
Quarters: 2020 Q3
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 77 (in force on the last day)

[second extension of the No Sail Order through September 30, 2020]

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029) Open the exhibit

Ex. FED-332

General Order 72-5

In re: Coronavirus Disease Public Health Emergency (General Order 72-5)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from July 23, 2020 to Sept. 16, 2020
Quarters: 2020 Q3
Limitations: Gathering capCourts and public offices
Functions reached: CT the federal court records that a State order capping in-court proceedings at ten people 'necessarily precludes jury trials' (July 2020)
Grade: Primary source read
Days in this quarter: 56

[WHEREAS the State's July 2020 orders limit] permissible in-court criminal proceedings to ten people, which necessarily precludes jury trials;... 1. No new jury trial will be conducted through September 30, 2020. Any jury trial currently scheduled to commence before October 1, 2020, will be postponed or vacated. However, individual judges may offer bench trials by videoconference in lieu of postponement. 2. Through September 30, 2020, all civil matters will be decided on the papers...

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332) Open the exhibit

Ex. FED-333

General Order 72-6

In re: COVID Public Health Emergency (General Order 72-6)

Chief Judge Phyllis J. Hamilton, United States District Court for the Northern District of California (Court)

Dates: In force from Sept. 16, 2020 to July 1, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT courthouses closed to public events and tours; most appearances remote; in force Sept. 16, 2020 - June 30, 2021
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

Orders as follows, effective immediately: 1. Jury trials and bench trials may proceed in accordance with the logistical considerations [necessitated by the pandemic]... 3. Other court appearances may be waived or postponed, or may be conducted by telephone or [videoconference]... [in-person proceedings other than trials] are suspended pending further notice, unless a judge orders otherwise in a specific case.... 3. Pending further notice, the courthouses and law libraries are closed for public events, tours, and [gatherings]... 4. Effective immediately, this General Order supersedes General Order 72-5. ADOPTED: September 16, 2020

Enforcement: court order

Citation: Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333) Open the exhibit

Ex. FED-154

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)

QSO-20-39-NH, Nursing Home Visitation - COVID-19

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Sept. 17, 2020 to Mar. 10, 2021
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (outdoor preferred; indoor only where no new onset of cases in 14 days and county positivity below 10 percent; compassionate care); DN communal activities; RS cohorting
Grade: Primary source read
Days in this quarter: 14 (in force on the last day)

Enforcement: F-tag F563 and F880 survey enforcement

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154) Open the exhibit

Ex. FED-030

No Sail Order; Third Modification and Extension (Sept. 30, 2020)

No Sail Order and Suspension of Further Embarkation; Third Modification and Extension of No Sail Order and Other Measures Related to Operations, 85 Fed. Reg. 62732 (Oct. 5, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from Sept. 30, 2020 to Oct. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Business closureTravel and quarantineEvents and venues
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

[extends the No Sail Order to the earliest of the PHE's expiration, rescission, or] October 31, 2020.

Enforcement: same as FED-027

Citation: Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030) Open the exhibit

Ex. FED-006

Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020)

Letter from President Donald J. Trump on Emergency Determination under the Stafford Act

President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), United States (every State, Tribe, territory and the District of Columbia) (Federal)

Dates: In force from Mar. 13, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for every State's FEMA Public Assistance Category B measures (the funding behind State and local emergency operations)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Therefore, as an initial step, I hereby determine, under section 501(b) of the Stafford Act, that an emergency exists nationwide. In accordance with this determination, the Federal Emergency Management Agency may provide, as appropriate, assistance pursuant to section 502 and 503 of the Stafford Act for emergency protective measures not authorized under other Federal statutes.

Enforcement: Predicate and funding instrument

Citation: President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006) Open the exhibit

Ex. FED-202

Proclamation 9993

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (Schengen Area), 85 Fed. Reg. 15045 (Mar. 16, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: TV inbound European business travel; SC European supplier visits and engineering support; MK European attendance at U.S. trade shows; CB European customers and distributors; TR outbound travel (European reciprocal bans as facts and circumstances)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 13, 2020.

Enforcement: Sec. 3 implementation by State and DHS; removal priority for circumvention

Citation: President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202) Open the exhibit

Ex. FED-203

Proclamation 9996

Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus (United Kingdom and Republic of Ireland), 85 Fed. Reg. 15341 (Mar. 18, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Travel and quarantine
Functions reached: TV inbound UK and Irish business travel; CB UK and Irish customers; MK trade shows
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Section 1. Suspension and Limitation on Entry. The entry into the United States, as immigrants or nonimmigrants, of all aliens who were physically present within the United Kingdom, excluding overseas territories outside of Europe, or the Republic of Ireland during the 14-day period preceding their entry or attempted entry into the United States is hereby suspended and limited subject to section 2 of this proclamation.... Sec. 5. Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on March 16, 2020.

Enforcement: Sec. 3 implementation by State and DHS

Citation: President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203) Open the exhibit

Ex. FED-311

Standing Order 2020-04

In re: COVID-19 Pandemic Procedures

Chief Judge James K. Bredar, United States District Court for the District of Maryland (Court)

Dates: In force from Mar. 16, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

WHEREAS, normal court operations and procedures may necessarily need to be amended or suspended on a temporary basis given the exigent circumstances created by the COVID-19 event, the Court finds it necessary to establish a miscellaneous case, In re COVID-19 [Pandemic Procedures, in which all COVID-19 orders are docketed]... ORDERED that these temporary orders shall be rescinded by order of the Chief Judge when circumstances warrant.

Enforcement: court order

Citation: Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311) Open the exhibit

Ex. FED-367

Circular 26-20-7

Special Relief for those Potentially Impacted by COVID-19

Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, United States (VA-guaranteed home loans) (Federal)

Dates: In force from Mar. 16, 2020 to Apr. 1, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Other
Functions reached: ML mortgage origination (in-person appointments, appraisals); AP appraisals; SV
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

2. Veterans. If you have an in-person appointment scheduled with your lender, [servicer or appraiser, contact them about alternatives]... 3. Lenders and Servicers. Lenders should have continuity of operation plans in [place]... 4. Appraisers. Appraisers should continue to conduct business as outlined in [VA guidance while observing public health precautions]... 5. Rescission: This Circular is rescinded April 1, 2021.

Enforcement: VA program guidance to participants

Citation: Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367) Open the exhibit

Ex. FED-194

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency

Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency, 85 Fed. Reg. 22024 (Apr. 21, 2020)

HHS Office for Civil Rights, United States (HIPAA covered health care providers) (Federal)

Dates: In force from Mar. 17, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersOther
Functions reached: TM telehealth (physician practices, behavioral health, dental consultations ('dental consultation or psychological evaluation' named in the notice)); CL clinical intake moved remote; OF
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

As a matter of enforcement discretion, the HHS Office for Civil Rights (OCR) will not impose penalties for noncompliance with the regulatory requirements under the HIPAA rules against covered health care providers in connection with the good faith provision of telehealth during the COVID-19 nationwide public health emergency.... A covered health care provider that wants to use audio or video communication technology to provide telehealth to patients during the COVID-19 nationwide public health emergency can use any non-public facing remote communication product that is available to communicate with patients.... This exercise of discretion applies to telehealth provided for any reason, regardless of whether the telehealth service is related to the diagnosis and treatment of health conditions related to COVID-19.

Enforcement: Non-enforcement of HIPAA penalties for good-faith telehealth

Citation: HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194) Open the exhibit

Ex. FED-070

Executive Order 13909

Prioritizing and Allocating Health and Medical Resources to Respond to the Spread of COVID-19, 85 Fed. Reg. 16227 (Mar. 23, 2020)

President Donald J. Trump, United States (all health and medical resources needed to respond to COVID-19) (Federal)

Dates: In force from Mar. 18, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC supply of PPE, respirators, ventilators and testing supplies to every industry (dental, physician practices, hospitals, home care, manufacturing, construction, personal services); DS distribution of medical products (wholesale-distribution); PF production floors of medical manufacturers under rated orders
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Accordingly, I find that health and medical resources needed to respond to the spread of COVID-19, including personal protective equipment and ventilators, meet the criteria specified in section 101(b) of the Act (50 U.S.C. 4511(b)).... Sec. 2. Priorities and Allocation of Medical Resources. (a)... the authority of the President conferred by section 101 of the Act to require performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense... is delegated to the Secretary of Health and Human Services with respect to all health and medical resources needed to respond to the spread of COVID-19 within the United States. (b) The Secretary of Health and Human Services may use the authority…

Enforcement: DPA § 101 priority ratings and allocation orders; DPA § 103 (50 U.S.C. § 4513) criminal penalties for willful violation

Citation: President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070) Open the exhibit

Ex. FED-265

OMB Memorandum M-20-17

Administrative Relief for Recipients and Applicants of Federal Financial Assistance Directly Impacted by the Novel Coronavirus (COVID-19) due to Loss of Operations

Office of Management and Budget, United States (federal financial assistance recipients) (Federal)

Dates: In force from Mar. 19, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: PJ grant-funded projects, research and services paused (the memorandum's own premise is loss of operations); CB nonprofit, university and health-care grantees
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This memorandum provides similar administrative relief listed in M-20-11 to an expanded scope of recipients affected by the loss of operational capacity and increased costs due to the COVID-19 crisis.... awarding agencies may extend awards which were active as of March 31, 2020 and scheduled to expire prior or up to December 31, 2020, automatically at no cost for a period of up to twelve months.

Enforcement: OMB directive to awarding agencies

Citation: Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265) Open the exhibit

Ex. FED-292

Order of March 19, 2020, 589 U.S. (Order List)

Order extending the deadline to file petitions for writs of certiorari to 150 days and relaxing extension and distribution rules in light of COVID-19

Supreme Court of the United States, Supreme Court of the United States (Court)

Dates: In force from Mar. 19, 2020 to July 19, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Courts and public offices
Functions reached: CT federal litigation timetables lengthened nationwide; CS law firms, appellate practice
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

In light of the ongoing public health concerns relating to COVID-19, the following shall apply to cases prior to a ruling on a petition for a writ of certiorari: IT IS ORDERED that the deadline to file any petition for a writ of certiorari due on or after the date of this order is extended to 150 days from the date of the lower court judgment, order denying discretionary review, or order denying a timely petition for rehearing.... These modifications will remain in effect until further order of the Court.

Enforcement: order of the Court

Citation: Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292) Open the exhibit

Ex. FED-381

USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020)

USDA Extends Foreclosure and Eviction Relief for Single Family Housing Direct and Guaranteed Loan Borrowers (2020 series)

U.S. Department of Agriculture, Rural Development, United States (USDA Rural Development Single Family Housing Direct and Guaranteed loans) (Federal)

Dates: In force from Mar. 19, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Other
Functions reached: SV rural mortgage servicing; ML; PM
Grade: Confirmed from a secondary source
Days in this quarter: 92 (the whole quarter)

Enforcement: USDA program requirements

Citation: U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)

Ex. FED-034

CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')

Notice of Order Under Sections 362 and 365 of the Public Health Service Act Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists, 85 Fed. Reg. 17060 (Mar. 26, 2020)

Centers for Disease Control and Prevention, HHS (CDC Director), United States land borders with Canada and Mexico (ports of entry and Border Patrol stations) (Federal)

Dates: In force from Mar. 20, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantine
Functions reached: TR/TRAV cross-border movement of persons at the land borders (with the DHS land-border notices, FED-B); WF border-region labor markets; CB border-community commerce
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

For simplicity, I shall refer to the persons covered by this order as 'covered aliens.' I suspend the introduction of all covered aliens into the United States for a period of 30 days, starting from the date of this order. I may extend this order if necessary to protect the public health.

Enforcement: 42 U.S.C. § 271; implemented by DHS/CBP expulsions

Citation: Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034) Open the exhibit

Ex. FED-039

Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40)

Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes, 85 Fed. Reg. 16559 (Mar. 24, 2020)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from Mar. 20, 2020 to Oct. 13, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Travel and quarantine
Functions reached: TRAV (legal basis of FED-034 to FED-037)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

This interim final rule provides a procedure for CDC to suspend the introduction of persons from designated countries or places, if required, in the interest of public health. DATES: Effective date: This interim final rule is effective on 11:59 p.m. EDT on March 20th, 2020.

Enforcement: 42 U.S.C. § 271

Citation: Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039) Open the exhibit

Ex. FED-132

FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)

New York; Major Disaster and Related Determinations, 85 Fed. Reg. 20702 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New York) (Federal)

Dates: In force from Mar. 20, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New York] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New York].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132) Open the exhibit

Continuing in force from an earlier quarter of this report (22 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-192	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	In force from Apr. 16, 2020 to Sept. 30, 2020	Business closureTelework mandateCapacity limitGathering capTravel and quarantine
Ex. FED-097	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	In force from Mar. 13, 2020 to Sept. 17, 2020	Business closureGathering capHealth care orders
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-391	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	In force from Mar. 23, 2020 to Sept. 30, 2020	Business closureCourts and public offices
Ex. FED-028	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	In force from Apr. 15, 2020 to July 24, 2020 (issued Apr. 9, 2020)	Business closureTravel and quarantineEvents and venues
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-393	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	In force from May 21, 2020 to Sept. 30, 2020 (issued Mar. 17, 2020)	Business closure
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders

123 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-022

Executive Order 20-29

Ready Schools, Safe Learners: K-12 Instructional Activities in the 2020-21 School Year

Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Oregon (State)

Dates: In force from July 1, 2020 to Mar. 12, 2021 (issued June 24, 2020)
Quarters: 2020 Q32020 Q42021 Q1
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction conditional on OHA/ODE guidance and the July 28, 2020 county metrics (most districts in Comprehensive Distance Learning fall 2020); WF workforce (children in distance learning); EC school-based child care and youth programs (para. on non-instructional functions); AC athletics
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

It is ordered that the conduct of in-person instruction at public schools and private schools shall be subject to restrictions, effective July 1, 2020. Namely, in-person instruction may only take place if it complies with the guidance described in paragraph 3 of this Executive Order, as well as such administrative rules as may be promulgated by the State Board of Education and the Teacher Standards and Practices Commission... The Oregon Health Authority (OHA) and Oregon Department of Education (ODE) shall, individually or jointly, publish guidance relating to the conduct of in-person instructional activities... requirements for face coverings, physical distancing...

Enforcement: ORS 401.192(1); guidance binding; State School Fund conditions

Citation: Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-29 (June 24, 2020) (Ex. OR-022) Open the exhibit

Ex. OR-025

OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version)

Statewide Mask, Face Shield, Face Covering Guidance for Business, Transit and the Public

Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), Oregon (State)

Dates: In force from July 24, 2020 to June 30, 2021
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Functions reached: SF sales floor (masks required and supplied); DR dining; FC fitness; OP offices (from Aug. 13, 2020 version); HR PPE supply to employees; CB customers must be masked
Grade: Primary source read
Days in this quarter: 69 (in force on the last day)

A business and a person responsible for indoor and outdoor spaces open to the public are required to: Require employees, contractors, volunteers, customers and visitors to wear a mask, face shield, or face covering, except as follows: Employees, contractors and volunteers: Masks, face coverings or face shields are not required when at or in a location where the employee, contractor or volunteer does not have a job that requires interacting with the public and at least six (6) feet of distance can be maintained between other people.... Provide masks, face shields, or face coverings for employees.... Post clear signs about the mask, face shield, or face covering requirements.

Enforcement: EO 20-27 para. 26: OHA guidance enforceable as public health law (ORS 431A.010 civil penalties) and under ORS 401.990

Citation: Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025) Open the exhibit

Ex. OR-026

Executive Order 20-37

Extending House Bill 4204's Mortgage Foreclosure Moratorium Until December 31, 2020

Governor Kate Brown, Oregon (State)

Dates: In force from Aug. 31, 2020 to Dec. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Courts and public officesOther
Functions reached: SV servicing, forbearance and foreclosure; ML mortgage lending; CL trustee sales and court foreclosure
Grade: Primary source read
Days in this quarter: 31 (in force on the last day)

I hereby extend the mortgage foreclosure moratorium [emergency period under House Bill 4204]... This Executive Order is effective immediately, and remains in effect until December 31, 2020, unless extended or terminated earlier by the Governor.

Enforcement: HB 4204 remedies; ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 20-37 (Aug. 31, 2020) (Ex. OR-026) Open the exhibit

Ex. OR-027

Executive Order 20-38

Third Extension of Executive Order 20-03 and COVID-19 State of Emergency; Rescinding Executive Order 20-16

Governor Kate Brown, Oregon (State)

Dates: In force from Sept. 1, 2020 to Nov. 3, 2020
Quarters: 2020 Q32020 Q4
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

I hereby extend Executive Order 20-03 through November 3, 2020, unless extended or terminated earlier by the Governor.... [EO 20-16] I hereby rescind that order, effective immediately.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 20-38 (Sept. 1, 2020) (Ex. OR-027) Open the exhibit

Ex. OR-028

Executive Order 20-56

Temporary Moratorium on Residential Evictions for Nonpayment, in Response to COVID-19 and Wildfire

Governor Kate Brown, Oregon (State)

Dates: In force from Sept. 30, 2020 to Dec. 31, 2020
Quarters: 2020 Q32020 Q4
Limitations: Courts and public officesOther
Functions reached: PM property management; SV collections; CL FED court process
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

"Eviction moratorium period" means September 30, 2020, through December 31, 2020... During the eviction moratorium period, landlords of properties governed by ORS Chapter 90... in Oregon shall not, and shall not threaten to: [terminate for nonpayment; act on notices; assess late fees; report nonpayment].

Enforcement: ORS 401.990; ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 20-56 (Sept. 30, 2020) (Ex. OR-028) Open the exhibit

Continuing in force from an earlier quarter of this report (12 instruments):

Exhibit	Citation	Dates	Limitations
Ex. OR-020	Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020)	In force from June 5, 2020 to Dec. 3, 2020	Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. OR-012	Governor Kate Brown, Executive Order 20-16 (Apr. 15, 2020) (Ex. OR-012)	In force from Apr. 15, 2020 to Sept. 1, 2020	Gathering capCourts and public offices
Ex. OR-013	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	In force from Apr. 23, 2020 to June 30, 2021	Business closureSchools and child care
Ex. OR-018	Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-016 (May 15, 2020) (Ex. OR-018)	In force from June 1, 2020 to Dec. 31, 2020 (issued May 15, 2020)	Gathering capFace-covering requirementCourts and public offices
Ex. OR-021	Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021)	In force from June 14, 2020 to June 30, 2021 (issued June 12, 2020)	Gathering capSchools and child careWorkplace rules
Ex. OR-001	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)	Emergency declaration
Ex. OR-015	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)	In force from May 1, 2020 to June 30, 2021 (issued Apr. 27, 2020)	Health care orders
Ex. OR-016	Governor Kate Brown, Executive Order 20-24 (May 1, 2020) (Ex. OR-016)	In force from May 1, 2020 to July 6, 2020	Emergency declaration
Ex. OR-019	Director, Department of Consumer and Business Services (Division of Financial Regulation), Property and Casualty Insurance Order (May 22, 2020) (Ex. OR-019)	In force from May 24, 2020 to June 22, 2020 (issued May 22, 2020)	Other
Ex. OR-023	Governor Kate Brown, Executive Order 20-30 (June 30, 2020) (Ex. OR-023)	In force from June 30, 2020 to Sept. 4, 2020	Emergency declaration
Ex. OR-024	Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, House Bill 4213 (2020) (June 30, 2020) (Ex. OR-024)	In force from June 30, 2020 to Mar. 31, 2021	Courts and public officesOther
Ex. OR-064	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	In force from June 30, 2020 to Sept. 30, 2021	Alcohol and barsCourts and public officesOther

Agencies, boards and authorities: Oregon

Continuing in force from an earlier quarter of this report (6 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065	Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065)	In force from May 11, 2020 to June 19, 2020	Business closureCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. AGY-ST-ALCOHOL-092	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)	Business closureAlcohol and barsOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051	Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051)	In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)	Capacity limitWorkplace rulesOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052	Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m, Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052)	In force from Apr. 28, 2020 to Oct. 24, 2020	Workplace rules
Ex. AGY-ST-LABOR-WORKPLACE-017	Oregon OSHA; filed with the Oregon Secretary of State, Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division 4) (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-017)	In force from Apr. 28, 2020 to Oct. 24, 2020	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-016	Oregon OSHA (Michael Wood, Administrator), Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (amending OAR 437-004-1120 and related Division 4 rules), text of adopted rule (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-016)	In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Federal layer

Ex. FED-031

CDC Framework for Conditional Sailing Order

Framework for Conditional Sailing and Initial Phase COVID-19 Testing Requirements for Protection of Crew, 85 Fed. Reg. 70153 (Nov. 4, 2020)

Centers for Disease Control and Prevention, HHS, United States (cruise ships operating or intending to operate in U.S. waters) (Federal)

Dates: In force from Oct. 30, 2020 to Nov. 1, 2021
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Functions reached: TV travel demand; GS group sales; CB passengers and port economies; SC; EVT (shipboard events, conventions at sea)
Grade: Primary source read
Days in this quarter: 63 (in force on the last day)

This Order establishes a framework for a phased approach to resuming cruise ship passenger operations in U.S. waters. This phased approach will include: (1) Establishment of laboratory testing of crew onboard cruise ships in U.S. waters; (2) simulated voyages designed to test a cruise ship operators' ability to mitigate COVID-19 onboard cruise ships; (3) a certification process; and (4) a return to passenger voyages in a manner that mitigates the risk of COVID-19 introduction, transmission, or spread among passengers and crew onboard ships and ashore to communities.... This Order is effective upon signature and shall remain in effect until the earliest of... (3) November 1, 2021.

Enforcement: 42 U.S.C. § 271; 42 C.F.R. §§ 70.18, 71.2; Coast Guard

Citation: Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031) Open the exhibit

Ex. FED-339

Eighth Amended General Order 20-0012

In re: Coronavirus COVID-19 Public Emergency (Eighth Amended)

Chief Judge Rebecca R. Pallmeyer, United States District Court for the Northern District of Illinois (Court)

Dates: In force from Nov. 13, 2020 to Jan. 12, 2021
Quarters: 2020 Q42021 Q1
Limitations: Gathering capCourts and public offices
Functions reached: CT the winter 2020-21 re-tightening: all jury trials suspended until further order (Nov. 13, 2020); in force Dec. 31, 2020 and Jan. 1, 2021
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until further order of this Court.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339) Open the exhibit

Ex. FED-303

Standing Order 20-17

In re: Suspension of In-Person Judicial Proceedings and Modification of Second Extension of Standing Order 2020-12, Due to the Resurgence of COVID-19

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Nov. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q42021 Q1
Limitations: Business closureCourts and public offices
Functions reached: CT the federal court in New Jersey suspended all in-person proceedings for the winter 2020-21 resurgence; CS
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

WHEREAS, on June 25, 2020, New Jersey issued a travel advisory... [which] ballooned to 46 states and U.S. jurisdictions, as of November 17, 2020;... WHEREAS, on November 23, 2020, COVID-19-related hospitalizations in New Jersey [reached their highest level since May]... [ORDERED that all in-person judicial proceedings in the District, including criminal proceedings, are suspended]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303) Open the exhibit

Ex. FED-266

OMB Memorandum M-20-18

Managing Federal Contract Performance Issues Associated with the Novel Coronavirus (COVID-19)

Office of Management and Budget (Deputy Director for Management), United States (federal contractors) (Federal)

Dates: In force from Mar. 20, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandateWorkplace rules
Functions reached: PL staffing, janitorial, security and IT contractor personnel at federal sites; PJ contract performance postponed or converted to telework; CB federal contractor base
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

Agencies are urged to work with their contractors, if they haven't already, to evaluate and maximize telework for contractor employees, wherever possible.... if a contractor is unable to perform in a timely manner due to quarantining, social distancing, or other COVID-19 related interruptions, agencies should consider whether excusable delay provisions apply...

Enforcement: OMB directive to contracting officers

Citation: Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266) Open the exhibit

Ex. FED-104

FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)

California; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (California) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [California] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [California].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104) Open the exhibit

Ex. FED-147

FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)

Washington; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Washington) (Federal)

Dates: In force from Mar. 22, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Washington] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Washington].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147) Open the exhibit

Ex. FED-267

OMB Memorandum M-20-19

Harnessing Technology to Support Mission Continuity

Office of Management and Budget, United States (executive branch) (Federal)

Dates: In force from Mar. 22, 2020 to Dec. 31, 2020
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Telework mandate
Functions reached: OF federal telework infrastructure; HR remote onboarding of federal personnel
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

OMB issued M-20-16, Federal Agency Operational Alignment to Slow the Spread of Coronavirus..., which directed agencies to maximize telework across the nation... Agencies are able to make a risk determination and issue an alternate credential/authenticator... to onboard mission-critical personnel.

Enforcement: OMB directive

Citation: Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267) Open the exhibit

Continuing in force from an earlier quarter of this report (33 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-027	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	In force from Mar. 14, 2020 to Dec. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-390	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	In force from Mar. 17, 2020 to Oct. 22, 2020	Business closure
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-030	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	In force from Sept. 30, 2020 to Oct. 31, 2020	Business closureTravel and quarantineEvents and venues
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-088	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	In force from Mar. 9, 2020 to Jan. 29, 2021	Workplace rules
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-265	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-381	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	In force from Mar. 19, 2020 to Dec. 31, 2020	Other
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-039	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	In force from Mar. 20, 2020 to Oct. 13, 2020	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration

120 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-033

Executive Order 20-65

Temporary Freeze to Address Surge in COVID-19 Cases (the 'Two-Week Freeze')

Governor Kate Brown, Oregon (State)

Dates: In force from Nov. 18, 2020 to Dec. 2, 2020 (issued Nov. 17, 2020)
Quarters: 2020 Q4
Limitations: Business closureTelework mandateCapacity limitGathering capHealth care ordersAlcohol and barsEvents and venuesWorkplace rules
Functions reached: DR dining room closed inside and outside; BA bar; BQ banquets and events (venues closed); FC gyms and fitness closed; PE theaters, museums, venues closed; AM zoos, pools, sports closed; SF retail and grocery 75 percent; OF office work prohibited where telework available (statewide); WS worship 25 indoor/50 outdoor; FH funerals 25/50; GATH six people/two households; VS indoor long-term-care visits paused (OHA guidance)
Grade: Primary source read
Days in this quarter: 15

1. Effective date: This Executive Order is effective Wednesday November 18 through Wednesday December 2, unless extended or terminated earlier by the Governor.... 3. a. At home and social gatherings, as defined in OHA guidance, are limited to a maximum of 6 people, from not more than two households. b. Faith institutions may remain open, but are limited to a maximum of 25 people indoors, or 50 outdoors... 4. a. (1) During the freeze period, restaurants, bars, taverns, brew pubs, wine bars, wineries, cafes, food courts, coffee shops, clubs, or other similar establishments that offer food or drink may not offer or allow on-premises consumption of food or drink, inside or outside. Establishments may offer food or drink for off-premises consumption (e.g., take-out or drive-through) or for delivery. b.... operation of the following businesses and activities are prohibited during the freeze…

Enforcement: OHA guidance 'part of the directives of this Executive Order'; public health law (ORS 431A.010, civil penalties to $500 per day); ORS 401.990 Class C misdemeanor; Governor's release: 'All of the freeze measures are enforceable by law upon both individuals and businesses'

Citation: Governor Kate Brown, Executive Order 20-65 (Nov. 17, 2020) (Ex. OR-033) Open the exhibit

Ex. OR-035

Executive Order 20-66

Risk and Protection Framework: County-by-County Metrics-Based Approach to Controlling COVID-19 Transmission to Conserve Hospital Capacity and Protect Human Health and Human Lives

Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Oregon (State)

Dates: In force from Dec. 3, 2020 to June 30, 2021 (issued Dec. 2, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Business closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Functions reached: DR indoor dining prohibited at Extreme Risk (outdoor 50), 25 percent/50 at High, 50 percent/100 at Moderate, 50 percent/300 at Lower, closing 11 p.m. (OHA chart, secondary); FC gyms and indoor recreation closed at Extreme (max six from Apr. 30, 2021), 25 percent/50 at High; PE indoor entertainment closed at Extreme; SF retail and malls 50 percent Extreme/High, 75 percent Lower; WS faith 25 percent or 100 at Extreme; GATH indoor social six (Extreme/High), eight (Moderate), ten (Lower); OF office work prohibited where telework available at Extreme Risk (Multnomah Dec. 3, 2020-Feb. 11, 2021 and Apr. 30-May 6, 2021); MASK statewide face coverings at every level; VS long-term care under DHS/OHA licensing guidance (para. 8(e)); QUAR/TRAV OHA individual guidance on isolation, quarantine and travel (para. 5(e)-(f))
Grade: Primary source read
Days in this quarter: 29 (in force on the last day)

1.... Executive Orders 20-27 and 20-65 are rescinded, and replaced by the directives in this Executive Order. 2. a. I delegate to OHA the authority to develop and issue, and from time to time revise, binding guidance for the public, for employers, and for particular sectors of the economy, to implement the directives of this Executive Order. OHA guidance may also provide definitions, clarifications, or needed modifications to the directives in this Executive Order, and may identify certain business types, the operation of which is prohibited during this emergency.... b.... once approved by the Governor and published, guidance issued to implement this Executive Order is enforceable to the same extent this Executive Order is enforceable.... 3. a. i. OHA is directed to develop and, upon approval by the Governor, publish Risk Level Metrics to systematically measure and identify, on a…

Enforcement: Para. 10: public health laws enforceable under ORS 431A.010 'including but not limited to enforcement via civil penalties..., which has a statutory maximum fine of $500 per day per violation'; ORS 401.990 'Class C misdemeanor, which is punishable by up to 30 days in jail or a fine of $1,250 or both'; Oregon OSHA and OLCC directed to enforce under their own authorities; Oregon State Police to…

Citation: Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035) Open the exhibit

Ex. OR-062

OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly)

Risk Level Guidance Overview Chart (OHA form le3461) and sector-specific guidance

Oregon Health Authority (under EO 20-66 para. 2-4), Oregon (State)

Dates: In force from Dec. 3, 2020 to June 29, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Business closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Functions reached: DR indoor dining prohibited at Extreme Risk (outdoor 50); 25 percent or 50 people at High; 50 percent or 100 at Moderate; 50 percent or 300 at Lower; 11 p.m. closing; FC gyms closed at Extreme (max six from Apr. 30, 2021); 25 percent or 50 at High; SF retail 50 percent Extreme/High, 75 percent Lower; WS faith 25 percent or 100 at Extreme; GATH indoor social six (Extreme/High), eight (Moderate), ten (Lower)
Grade: Confirmed from a secondary source
Days in this quarter: 29 (in force on the last day)

Enforcement: EO 20-66 para. 2(b), 10: enforceable to the same extent as the order

Citation: Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062)

Ex. OR-031

Two-Week Pause on Social Activities (Governor's announcement of Nov. 6, 2020; OHA guidance)

Governor Kate Brown Announces Two-Week Pause on Social Activities to Help Stop Rapid Spread of COVID-19

Governor Kate Brown (implemented through OHA guidance under EO 20-27), Oregon (Malheur, Marion, Multnomah, Jackson and Umatilla Counties) (State)

Dates: In force from Nov. 11, 2020 to Nov. 25, 2020 (issued Nov. 6, 2020)
Quarters: 2020 Q4
Limitations: Telework mandateCapacity limitGathering capHealth care orders
Functions reached: DR dining (50 persons; party of six); FC fitness and indoor recreation (50); GATH social gatherings six; OF work from home urged; VS long-term-care visitation paused
Grade: Confirmed from a secondary source
Days in this quarter: 15

Urging all businesses to mandate work from home to the greatest extent possible.... Pausing long-term care facility visits that take place indoors... Reducing maximum restaurant capacity to 50 people (including customers and staff) for indoor dining, with a maximum party size of six.... Reducing the maximum capacity of other indoor activities to 50 people (includes gyms, fitness organizations/studios, bowling alleys, ice rinks, indoor sports, pools, and museums).... Limiting social gatherings to your household, or no more than six people if the gathering includes those from outside your household

Enforcement: Through OHA sector guidance under EO 20-27 para. 26 (public health law; ORS 401.990)

Citation: Governor Kate Brown (implemented through OHA guidance under EO 20-27), Two-Week Pause on Social Activities (Governor's announcement of Nov. 6, 2020; OHA guidance) (Ex. OR-031) Open the exhibit

Ex. OR-034

OLCC COVID-19 Freeze Period Alcohol FAQs (Nov. 20, 2020)

OLCC COVID-19 freeze period Alcohol FAQs (11/20/20)

Oregon Liquor Control Commission, Oregon (Sector regulator)

Dates: In force from Nov. 18, 2020 to Dec. 2, 2020 (issued Nov. 20, 2020)
Quarters: 2020 Q4
Limitations: Business closureAlcohol and bars
Functions reached: BA bar and alcohol service (no on-premises consumption); DR dining; TO take-out and delivery of alcohol (ORS ch. 471 limits); RT tasting rooms closed
Grade: Primary source read
Days in this quarter: 15

On November 17, 2020, Governor Kate Brown issued Executive Order 20-65: Temporary Freeze to Address Surge in COVID-19 cases. On November 17, 2020, Oregon Health Authority issued guidance related to the freeze period. Here are the most relevant of those resources for alcohol licensees: OHA's Statewide Freeze Guidance - Restaurants, Bars, Breweries, Brewpubs, Wineries, Tasting Rooms and Distilleries; OHA's Statewide Freeze Guidance - Retail Stores; OHA's Statewide Freeze Guidance - Self-Service Operations

Enforcement: OLCC administrative sanctions against licenses; EO 20-66 para. 10(c)

Citation: Oregon Liquor Control Commission, OLCC COVID-19 Freeze Period Alcohol FAQs (Nov. 20, 2020) (Ex. OR-034) Open the exhibit

Ex. OR-029

Executive Order 20-58

Enhanced Health and Safety Requirements for Certain Employer-Provided Housing During Agricultural Off Season in Response to Coronavirus (COVID-19) Outbreak

Governor Kate Brown, Oregon (State)

Dates: In force from Oct. 23, 2020 to Apr. 30, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesOther
Functions reached: FP farm production (worker housing capacity and configuration); LB agricultural labor; HR housing compliance
Grade: Primary source read
Days in this quarter: 70 (in force on the last day)

Physical Distancing Officer: Housing operators must identify one or more... General Physical Distancing Requirements. Housing operators must plan and... Beds and cots must be spaced at least six (6) feet apart between frames... Portable toilets or chemical toilets must be sanitized three times a day, and plumbed common-use toilet facilities must be sanitized at least twice a day

Enforcement: Oregon OSHA enforcement; ORS 401.990

Citation: Governor Kate Brown, Executive Order 20-58 (Oct. 23, 2020) (Ex. OR-029) Open the exhibit

Ex. OR-030

Executive Order 20-59

Fourth Extension of Executive Order 20-03 and COVID-19 State of Emergency

Governor Kate Brown, Oregon (State)

Dates: In force from Oct. 27, 2020 to Jan. 2, 2021
Quarters: 2020 Q4
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 66 (in force on the last day)

I hereby extend Executive Order 20-03 through January 2, 2021, unless extended or terminated earlier by the Governor.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 20-59 (Oct. 27, 2020) (Ex. OR-030) Open the exhibit

Ex. OR-032

Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020)

Addressing COVID-19 Workplace Risks (temporary rule for all Oregon workplaces)

Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon (Sector regulator)

Dates: In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: PF production floor (six-foot workflow design, masks, sanitation, ventilation); OP offices (assessment must address telework; masks in shared areas); HR written infection-control plan, training, 24-hour exposure notification, medical removal and return; WF quarantine of exposed employees; IC exceptional-risk health care provisions; SC shared equipment sanitation
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

Unless otherwise indicated, the rule's provisions take effect November 16, 2020. The rule will remain in effect until May 4, 2021, unless revised or repealed before that date. (1) Scope and Application (a) This rule applies to all employees working in places of employment subject to Oregon OSHA's jurisdiction.... (b) The requirements of section (3) of this rule are applicable to all workplaces. (c) In addition to the requirements of section (3), the requirements of section (4) of this rule are applicable to all exceptional risk workplaces.

Enforcement: Oregon Safe Employment Act citations and civil penalties (ORS 654.086); Oregon OSHA inspections; the Governor directed Oregon OSHA to enforce the COVID orders (EO 20-66 para. 10(c))

Citation: Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032) Open the exhibit

Ex. OR-036

Executive Order 20-67

Fifth Extension of Executive Order 20-03 and COVID-19 State of Emergency

Governor Kate Brown, Oregon (State)

Dates: In force from Dec. 17, 2020 to Mar. 3, 2021
Quarters: 2020 Q42021 Q1
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

I hereby extend Executive Order 20-03 through March 3, 2021, unless extended or terminated earlier by the Governor.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 20-67 (Dec. 17, 2020) (Ex. OR-036) Open the exhibit

Ex. OR-037

House Bill 4401 (2020)

Relating to residential tenancies (extension of the eviction moratorium and grace period; landlord compensation fund)

Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown, Oregon (State)

Dates: In force from Dec. 23, 2020 to June 30, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Courts and public officesOther
Functions reached: PM property management; SV collections; CL FED court process; CB tenants' declarations
Grade: Primary source read
Days in this quarter: 9 (in force on the last day)

"Emergency period" means the period beginning on April 1, 2020, and ending on December 31, 2020, except as the period may be extended through June 30, 2021, under section 7 (1) of this 2020 third special session Act. "End of the grace period" means March 31, 2021, unless the period is extended through June 30, 2021, under section 7 (1)... Before the end of the grace period, notwithstanding this chapter or ORS 105.105 to 105.168, a landlord may not, and may not threaten to: [terminate for nonpayment; initiate or continue possession actions; interfere with possession; assess late fees; report nonpayment].

Enforcement: ORS ch. 90 remedies; FED process barred; landlord compensation fund conditions

Citation: Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown, House Bill 4401 (2020) (Dec. 23, 2020) (Ex. OR-037) Open the exhibit

Continuing in force from an earlier quarter of this report (13 instruments):

Exhibit	Citation	Dates	Limitations
Ex. OR-020	Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020)	In force from June 5, 2020 to Dec. 3, 2020	Stay-at-homeBusiness closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCourts and public officesWorkplace rules
Ex. OR-013	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	In force from Apr. 23, 2020 to June 30, 2021	Business closureSchools and child care
Ex. OR-018	Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-016 (May 15, 2020) (Ex. OR-018)	In force from June 1, 2020 to Dec. 31, 2020 (issued May 15, 2020)	Gathering capFace-covering requirementCourts and public offices
Ex. OR-021	Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021)	In force from June 14, 2020 to June 30, 2021 (issued June 12, 2020)	Gathering capSchools and child careWorkplace rules
Ex. OR-001	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)	Emergency declaration
Ex. OR-015	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)	In force from May 1, 2020 to June 30, 2021 (issued Apr. 27, 2020)	Health care orders
Ex. OR-024	Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, House Bill 4213 (2020) (June 30, 2020) (Ex. OR-024)	In force from June 30, 2020 to Mar. 31, 2021	Courts and public officesOther
Ex. OR-064	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	In force from June 30, 2020 to Sept. 30, 2021	Alcohol and barsCourts and public officesOther
Ex. OR-022	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-29 (June 24, 2020) (Ex. OR-022)	In force from July 1, 2020 to Mar. 12, 2021 (issued June 24, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. OR-025	Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025)	In force from July 24, 2020 to June 30, 2021	Face-covering requirementWorkplace rules
Ex. OR-026	Governor Kate Brown, Executive Order 20-37 (Aug. 31, 2020) (Ex. OR-026)	In force from Aug. 31, 2020 to Dec. 31, 2020	Courts and public officesOther
Ex. OR-027	Governor Kate Brown, Executive Order 20-38 (Sept. 1, 2020) (Ex. OR-027)	In force from Sept. 1, 2020 to Nov. 3, 2020	Emergency declaration
Ex. OR-028	Governor Kate Brown, Executive Order 20-56 (Sept. 30, 2020) (Ex. OR-028)	In force from Sept. 30, 2020 to Dec. 31, 2020	Courts and public officesOther

Agencies, boards and authorities: Oregon

Ex. AGY-ST-LABOR-WORKPLACE-018

Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents

Adoption Documents for Corrections Made to the Temporary Rule Addressing COVID-19 Workplace Risks (OAR 437-001-0744)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates: In force from Dec. 11, 2020 to May 4, 2021
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: EMP (physical distancing, face coverings, sanitation, exposure risk assessment, infection control plan, training, ventilation, notification, medical removal) in every Oregon workplace; WF; HR; OP
Grade: Primary source read
Days in this quarter: 21 (in force on the last day)

ADOPT: 437-001-0744 Stat. Auth.: ORS 654.025(2), ORS 656.726(4)... Stats. Implemented: ORS 654.001 through 654.295... Oregon OSHA is refiling these rules on December 11, 2020 to correct non-substantive 'scriveners errors'... EFFECTIVE DATE: 12/11/2020 THROUGH 05/04/2021

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086

Citation: Oregon OSHA, Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents (Dec. 11, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-018) Open the exhibit

Continuing in force from an earlier quarter of this report (5 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-092	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)	Business closureAlcohol and barsOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051	Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051)	In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)	Capacity limitWorkplace rulesOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052	Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m, Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052)	In force from Apr. 28, 2020 to Oct. 24, 2020	Workplace rules
Ex. AGY-ST-LABOR-WORKPLACE-017	Oregon OSHA; filed with the Oregon Secretary of State, Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division 4) (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-017)	In force from Apr. 28, 2020 to Oct. 24, 2020	Face-covering requirementWorkplace rulesQuarantine and isolation
Ex. AGY-ST-LABOR-WORKPLACE-016	Oregon OSHA (Michael Wood, Administrator), Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (amending OAR 437-004-1120 and related Division 4 rules), text of adopted rule (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-016)	In force from May 11, 2020 to Oct. 24, 2020 (issued Apr. 28, 2020)	Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Federal layer

Ex. FED-060

Executive Order 13991

Protecting the Federal Workforce and Requiring Mask-Wearing, 86 Fed. Reg. 7045 (Jan. 25, 2021)

President Joseph R. Biden, Jr., United States (federal buildings and lands; federal employees and on-site contractors) (Federal)

Dates: In force from Jan. 20, 2021 to May 9, 2023
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Gathering capFace-covering requirementWorkplace rules
Functions reached: CS client meetings at federal sites (professional services); JS federal construction sites; DL/SV field service at federal facilities; CT federal courthouses and agency offices (masking and distancing conditions on entry); MK federally hosted meetings
Grade: Primary source read
Days in this quarter: 71 (in force on the last day)

Sec. 2. Immediate Action Regarding Federal Employees, Contractors, Buildings, and Lands. (a) The heads of executive departments and agencies (agencies) shall immediately take action, as appropriate and consistent with applicable law, to require compliance with CDC guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Enforcement: Agency directives; contract terms; building-access conditions; created the Safer Federal Workforce Task Force (§ 4) whose July and September 2021 rules are FED-B's

Citation: President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060) Open the exhibit

Ex. FED-270

Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles

COVID-19 Safe Federal Workplace: Agency Model Safety Principles

Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, United States (executive branch; all federal buildings and federal lands) (Federal)

Dates: In force from Jan. 24, 2021 to June 10, 2021
Quarters: 2021 Q12021 Q2
Limitations: Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Functions reached: OF federal workplaces capped at 25 percent occupancy; CS visitors to federal buildings minimized and screened; PJ on-site contractors masked and screened; TR official travel limited to mission-critical trips; MK federal attendance at meetings and events curtailed
Grade: Primary source read
Days in this quarter: 67 (in force on the last day)

agencies should immediately require masks and distancing consistent with current CDC guidance in all Federal buildings... Unless it is physically impossible or poses a threat to critical national security interests, generally speaking, occupancy in Federal workplaces should be no more than 25% of normal capacity during periods of significant or high community transmission... No Federal workplace should operate above 25% of normal occupancy standards at any given time during periods of high community prevalence or transmission.

Enforcement: EO 13991 § 2 compliance requirement for employees, on-site contractors and all persons in federal buildings; agency COVID-19 Coordination Teams

Citation: Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270) Open the exhibit

Ex. FED-296

Tenth Amended General Order 20-0012

In re: Coronavirus COVID-19 Public Emergency (Tenth Amended)

Chief Judge Rebecca R. Pallmeyer, United States District Court for the Northern District of Illinois (Chicago, Rockford) (Court)

Dates: In force from Feb. 12, 2021 to Apr. 5, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capCourts and public offices
Functions reached: CT Chicago's federal court: no jury trials Mar. 17, 2020 - Apr. 5, 2021, in ten successive orders; CS
Grade: Primary source read
Days in this quarter: 48 (in force on the last day)

it is hereby ORDERED:... 2. All civil and criminal jury trials are suspended until April 5, 2021.... 9. All public gatherings are suspended at both the Everett McKinley Dirksen U.S. Courthouse in Chicago and the Stanley J. Roszkowski U.S. Courthouse in Rockford...

Enforcement: court order

Citation: Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296) Open the exhibit

Ex. FED-155

QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19

QSO-20-39-NH (REVISED 03/10/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Mar. 10, 2021 to Apr. 27, 2021
Quarters: 2021 Q12021 Q2
Limitations: Gathering capHealth care orders
Functions reached: VS visitation (indoor visitation to be allowed at all times except the three limiting scenarios)
Grade: Primary source read
Days in this quarter: 22 (in force on the last day)

Enforcement: F-tag F563

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155) Open the exhibit

Ex. FED-305

Standing Order 21-02

In re: Further Suspension of In-Person Judicial Proceedings and Limitations of Grand Jury Proceedings Due to COVID-19

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Mar. 17, 2021 to June 1, 2021
Quarters: 2021 Q12021 Q2
Limitations: Business closureCourts and public offices
Functions reached: CT
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

WHEREAS, in response to the continuing pandemic, on January 19, 2021, the Governor [of New Jersey extended the public health emergency]...; [the Court] remains in Phase Three of its Recovery Guidelines, mandating the wearing of face coverings,... [the suspension of in-person proceedings] remains in effect until March 17, 2021,... [the Court] found it necessary to continue all civil and criminal jury selections and jury trials to March 12, [2021]...

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305) Open the exhibit

Ex. FED-008

Memorandum of February 2, 2021

Maximizing Assistance From the Federal Emergency Management Agency To Respond to COVID-19, 86 Fed. Reg. 8281 (Feb. 5, 2021)

President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), United States (Federal)

Dates: In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)
Quarters: 2021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B, pursuant to sections 403 (42 U.S.C. 5170b), 502 (42 U.S.C. 5192), and 503 (42 U.S.C. 5193) of the Stafford Act... performed from January 21, 2021, through September 30, 2021. (b) FEMA shall provide a 100 percent Federal cost share for all work eligible for assistance under Public Assistance Category B... performed from January 20, 2020, through January 20, 2021.

Enforcement: Funding directive

Citation: President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008) Open the exhibit

Ex. FED-071

Executive Order 13910

Preventing Hoarding of Health and Medical Resources To Respond to the Spread of COVID-19, 85 Fed. Reg. 17001 (Mar. 26, 2020)

President Donald J. Trump, United States (Federal)

Dates: In force from Mar. 23, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE procurement and inventory of every employer; RT retail of designated materials; DS wholesale distribution
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

Sec. 2. Delegation of Authority to Prevent Hoarding. (a) The Secretary is delegated the following: (i) the authority of the President conferred by section 102 of the Act to prevent hoarding of health and medical resources necessary to respond to the spread of COVID-19 within the United States, including the authority to prescribe conditions with respect to the accumulation of such resources, and to designate any material as a scarce material, or as a material the supply of which would be threatened by persons accumulating the material either in excess of reasonable demands of business, personal, or home consumption, or for the purpose of resale at prices in excess of prevailing market prices

Enforcement: DPA § 103 criminal penalties (50 U.S.C. § 4513); Department of Justice COVID-19 Hoarding and Price Gouging Task Force

Citation: President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071) Open the exhibit

Ex. FED-099

CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)

QSO-20-20-ALL, Prioritization of Survey Activities

CMS, Quality, Safety & Oversight Group, United States (all Medicare/Medicaid certified providers and suppliers; CLIA laboratories) (Federal)

Dates: In force from Mar. 23, 2020 to May 1, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersCourts and public offices
Functions reached: CT/HR licensure, certification and survey functions of every certified provider (initial certifications, changes of ownership and revisits delayed); IC (focused infection control surveys imposed)
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

On Friday, March 13, 2020, the President declared a national emergency, which triggers the Secretary's ability to authorize waivers or modifications of certain requirements pursuant to section 1135 of the Social Security Act (the Act). [CMS suspends standard surveys and prioritizes survey activity to immediate jeopardy complaints, infection control surveys and other listed categories for a three-week period, then as extended.]

Enforcement: Governs State Survey Agency operations (federal survey and certification)

Ex. FED-115

FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)

Iowa; Major Disaster and Related Determinations, 85 Fed. Reg. 20704 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Iowa) (Federal)

Dates: In force from Mar. 23, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 90 (the whole quarter)

I have determined that the emergency conditions in [Iowa] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Iowa].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115) Open the exhibit

Continuing in force from an earlier quarter of this report (31 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-157	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	In force from May 18, 2020 to Mar. 10, 2021	Capacity limitGathering capHealth care orders
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-154	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	In force from Sept. 17, 2020 to Mar. 10, 2021	Gathering capHealth care orders
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-339	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	In force from Nov. 13, 2020 to Jan. 12, 2021	Gathering capCourts and public offices
Ex. FED-303	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	In force from Nov. 25, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-202	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	In force from Mar. 13, 2020 to Jan. 26, 2021 (issued Mar. 11, 2020)	Travel and quarantine
Ex. FED-203	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	In force from Mar. 16, 2020 to Jan. 26, 2021 (issued Mar. 14, 2020)	Travel and quarantine
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-367	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	In force from Mar. 16, 2020 to Apr. 1, 2021	Other
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration

135 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-038

Executive Order 21-05

Sixth Extension of Executive Order 20-03 and COVID-19 State of Emergency

Governor Kate Brown, Oregon (State)

Dates: In force from Feb. 25, 2021 to May 2, 2021
Quarters: 2021 Q12021 Q2
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 35 (in force on the last day)

I hereby extend Executive Order 20-03 through May 2, 2021, unless extended or terminated earlier by the Governor.... Executive Order 20-58 extends COVID-19 [requirements for employer-provided agricultural] housing during the off-season, through April 30, 2021.... Expired Orders. Executive Order 20-37, extending House Bill 4204's mortgage foreclosure moratorium, expired on December 31, 2020.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 21-05 (Feb. 25, 2021) (Ex. OR-038) Open the exhibit

Ex. OR-039

Executive Order 21-06

Ordering Public Schools to Offer Fully On-Site or Hybrid In-Person Instruction, Requiring All Schools to Continue to Comply with Health and Safety Protocols

Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Oregon (State)

Dates: In force from Mar. 12, 2021 to June 30, 2021
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction (hybrid or on-site under mandatory protocols); RL distance-learning option required; WF workforce (hybrid schedules); AC athletics and activities under guidance
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

Not later than the week of March 29, 2021 for grades K-5, and the week of April 19, 2021 for grades 6-12, all public schools in Oregon shall be in operation to deliver educational services through either a hybrid instructional model or an on-site instructional model. After those dates, it will no longer be an option for public schools to exclusively offer a comprehensive distance learning instructional model.... public schools and private schools in Oregon are directed to comply with applicable ODE and OHA guidance issued under or continuing under the authority of this Executive Order.... Public and private schools must continue to offer families the option of continuing with the comprehensive distance learning [model].

Enforcement: ORS 401.192(1); guidance binding (face coverings, distancing, testing, isolation)

Citation: Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 21-06 (Mar. 12, 2021) (Ex. OR-039) Open the exhibit

Continuing in force from an earlier quarter of this report (14 instruments):

Exhibit	Citation	Dates	Limitations
Ex. OR-035	Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035)	In force from Dec. 3, 2020 to June 30, 2021 (issued Dec. 2, 2020)	Business closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Ex. OR-062	Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062)	In force from Dec. 3, 2020 to June 29, 2021	Business closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Ex. OR-013	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	In force from Apr. 23, 2020 to June 30, 2021	Business closureSchools and child care
Ex. OR-021	Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021)	In force from June 14, 2020 to June 30, 2021 (issued June 12, 2020)	Gathering capSchools and child careWorkplace rules
Ex. OR-001	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)	Emergency declaration
Ex. OR-015	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)	In force from May 1, 2020 to June 30, 2021 (issued Apr. 27, 2020)	Health care orders
Ex. OR-024	Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, House Bill 4213 (2020) (June 30, 2020) (Ex. OR-024)	In force from June 30, 2020 to Mar. 31, 2021	Courts and public officesOther
Ex. OR-064	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	In force from June 30, 2020 to Sept. 30, 2021	Alcohol and barsCourts and public officesOther
Ex. OR-022	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-29 (June 24, 2020) (Ex. OR-022)	In force from July 1, 2020 to Mar. 12, 2021 (issued June 24, 2020)	Face-covering requirementSchools and child careWorkplace rules
Ex. OR-025	Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025)	In force from July 24, 2020 to June 30, 2021	Face-covering requirementWorkplace rules
Ex. OR-029	Governor Kate Brown, Executive Order 20-58 (Oct. 23, 2020) (Ex. OR-029)	In force from Oct. 23, 2020 to Apr. 30, 2021	Workplace rulesOther
Ex. OR-032	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032)	In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. OR-036	Governor Kate Brown, Executive Order 20-67 (Dec. 17, 2020) (Ex. OR-036)	In force from Dec. 17, 2020 to Mar. 3, 2021	Emergency declaration
Ex. OR-037	Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown, House Bill 4401 (2020) (Dec. 23, 2020) (Ex. OR-037)	In force from Dec. 23, 2020 to June 30, 2021	Courts and public officesOther

Agencies, boards and authorities: Oregon

Continuing in force from an earlier quarter of this report (2 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-092	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)	Business closureAlcohol and barsOther
Ex. AGY-ST-LABOR-WORKPLACE-018	Oregon OSHA, Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents (Dec. 11, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-018)	In force from Dec. 11, 2020 to May 4, 2021	Face-covering requirementWorkplace rulesQuarantine and isolation

End of general restrictions, State of Oregon: Executive Order 21-15 (Governor Kate Brown, June 25, 2021), Ex. OR-043 (2021-06-30 (12:01 a.m.; the order's 'Effective Date' was June 30, 2021 or the day 70 percent of adults had one vaccine dose, whichever was earlier)). What remained: The COVID-19 state of emergency (EO 20-03 extended by EO 21-15 para. 7 to Dec. 31, 2021, then by EO 21-36 to June 30, 2022); EO 21-15 para. 6(b) child-care emergency flexibilities (to Sept. 1, 2021; extended by EO 21-31 to Dec. 31, 2021); the HB 2009 mortgage foreclosure moratorium as extended by EO 21-14 (to Sept. 30, 2021) and EO 21-30 (to Dec. 31, 2021); Oregon OSHA OAR 437-001-0744 as amended by AO 5-2021 (June 30, 2021): ventilation, 24-hour exposure notification, medical removal and quarantine procedures, exposure risk assessment, infection-control plan and training duties for every workplace, plus distancing and masking in health care and transit, plus the employee's right to wear a mask; masking in health care settings and public transit under OHA guidance and the federal CDC/TSA orders; DMV appointment-only service (masks required on drive tests); then, from Aug. 2, 2021, the OHA temporary rules and EO 21-29 listed in q3_2021_in_force.

Preemption of local orders, State of Oregon: Oregon did not bar stricter local orders. Every Governor's order recites that under ORS 401.192(1) its directives 'have the full force and effect of law, and any existing laws, ordinances, rules and orders shall be inoperative to the extent they are inconsistent with this exercise of the Governor's emergency powers' (EO 20-12 at 8; EO 20-25 para. 23; EO 20-27 para. 25; EO 20-66 para. 9): the State displaced weaker local rules, not stricter ones. EO 20-66 para. 8(c) exempted 'local government buildings and operations' only from the office-telework paragraph and required them otherwise to comply with the order, the Risk Level Metrics and OHA guidance; para. 8(d) placed the judicial and legislative branches, the federal government and tribal governments outside the order. EO 20-12 para. 14 and EO 20-25 para. 8(d) 'strongly encouraged' local governments to follow the State's building-closure and telework directives. OAR 333-019-1025(3) (Aug. 13, 2021) states: 'This rule does not prohibit individuals or entities from imposing stricter masking requirements.' Multnomah County's Aug. 9, 2021 indoor-mask rule (effective Aug. 13) preceded the State rule by hours and was withdrawn in favor of it (PDX metro file). County entry into Phase I and Phase II under EO 20-25 and 20-27, and each county's Risk Level under EO 20-66, were fixed by the Governor and OHA, not by the counties; a county could ask to remain at a higher Risk Level (EO 20-66 para. 3(b)(iii)).

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Federal layer

Ex. FED-156

QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)

QSO-20-39-NH, Nursing Home Visitation - COVID-19 (REVISED 04/27/2021)

CMS, Quality, Safety & Oversight Group, United States (Medicare and Medicaid nursing homes) (Federal)

Dates: In force from Apr. 27, 2021 to Nov. 12, 2021
Quarters: 2021 Q22021 Q3
Limitations: Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: VS visitation and access (home-care-senior-living; hospice; clergy CR; families); IC screening and masking of every entrant regardless of vaccination; DN communal dining and activities (conducted under the core principles); HR/WF and vendor access (staffing PL; personal services SL in-facility salons; physician CL on-site visits); RS cohorting and quarantine
Grade: Primary source read
Days in this quarter: 65 (in force on the last day)

Core Principles of COVID-19 Infection Prevention: Screening of all who enter the facility for signs and symptoms of COVID-19 (e.g., temperature checks, questions about and observations of signs or symptoms), and denial of entry of those with signs or symptoms or those who have had close contact with someone with COVID-19 infection in the prior 14 days (regardless of the visitor's vaccination status)... Face covering or mask (covering mouth and nose) and social distancing at least six feet between persons, in accordance with CDC guidance... Resident and staff testing conducted as required at 42 CFR § 483.80(h) (see QSO-20-38-NH Revised). These core principles are consistent with the Centers for Disease Control and Prevention (CDC) guidance for nursing homes, and should be adhered to at all times.... Facilities should allow indoor visitation at all times and for all residents (regardless…

Enforcement: Survey enforcement under F563 (visitation) and F880 (infection control); civil money penalties

Citation: CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156) Open the exhibit

Ex. FED-032

Notice: Conditional Sailing Order Technical Instructions and Operations Manual

Conditional Sailing Order Technical Instructions and Operations Manual, 86 Fed. Reg. 24865 (May 10, 2021)

Centers for Disease Control and Prevention, HHS, United States (Federal)

Dates: In force from May 5, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: TV; GS; CB; SC
Grade: Primary source read
Days in this quarter: 57 (in force on the last day)

[notice of the technical instructions implementing the CSO's phases: port agreements, simulated voyages, COVID-19 Conditional Sailing Certificates, testing and vaccination thresholds for restricted revenue voyages]

Enforcement: as for FED-031

Citation: Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032) Open the exhibit

Ex. FED-080

Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Exposure to COVID-19; Emergency Temporary Standard, 86 Fed. Reg. 32376 (June 21, 2021)

Occupational Safety and Health Administration, U.S. Department of Labor, United States (every setting 'where any employee provides healthcare services or healthcare support services'; federal OSHA States directly, State-plan States through adoption within 30 days) (Federal)

Dates: In force from June 21, 2021 to Dec. 27, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Functions reached: IC infection control (hospitals, physician practices, dental, home care); ED/CL intake and waiting rooms (entry limits, screening, triage); SX/PR procedures (aerosol-generating procedure rules, § 1910.502(g)); VS visitation and access (non-employee screening); HR/WF (daily employee screening; medical removal; paid vaccination leave); OF administration (written plan, safety coordinator, recordkeeping); SC PPE (respirators for exposure to suspected or confirmed COVID-19)
Grade: Primary source read
Days in this quarter: 10 (in force on the last day)

§ 1910.502(a)(1): 'Except as otherwise provided in this paragraph, this section applies to all settings where any employee provides healthcare services or healthcare support services.' (a)(2): 'This section does not apply to the following: (i) The provision of first aid by an employee who is not a licensed healthcare provider; (ii) The dispensing of prescriptions by pharmacists in retail settings; (iii) Non-hospital ambulatory care settings where all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (iv) Well-defined hospital ambulatory care settings where all employees are fully vaccinated and all non-employees are screened prior to entry and people with suspected or confirmed COVID-19 are not permitted to enter those settings; (v) Home healthcare settings where all employees are fully vaccinated and all…

Enforcement: Citations and civil penalties under OSH Act §§ 9, 17 (29 U.S.C. §§ 658, 666); inspection procedures DIR 2021-02 (FED-081); § 11(c) and § 1910.502(o) anti-retaliation

Citation: Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080) Open the exhibit

Ex. FED-118

FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)

Louisiana; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Louisiana) (Federal)

Dates: In force from Mar. 24, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

I have determined that the emergency conditions in [Louisiana] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Louisiana].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118) Open the exhibit

Ex. FED-183

Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices

Emergency Use Authorization Declaration, 85 Fed. Reg. 17335 (Mar. 27, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 24, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationSupply chain
Functions reached: context for SC (ventilators, face shields, gowns, decontamination)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

The Office of the Assistant Secretary for Preparedness and Response, HHS, requested that the FDA, HHS, issue an EUA for certain medical devices to allow the Department to take response measures based on information currently available about the virus that causes COVID-19. The determination of a public health emergency, and the declaration that circumstances exist justifying emergency use of certain medical devices by the Secretary of HHS, as described below, enable the FDA Commissioner to issue an EUA for these devices for emergency use under section 564 of the FD&C Act.

Enforcement: Framework

Citation: Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183) Open the exhibit

Ex. FED-074

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures

Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures, 85 Fed. Reg. 17592 (Mar. 30, 2020)

Secretary of Health and Human Services, United States (Federal)

Dates: In force from Mar. 25, 2020 to Sept. 30, 2021
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Supply chain
Functions reached: SC PPE for every industry (dental CH/ST/SC; physician SC; hospitals SC; home care SC; personal services SL; construction JS; manufacturing PF)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

The following materials are designated pursuant to section 102 of the Defense Production Act (50 U.S.C. 4512) and Executive Order 13910 of March 23, 2020 (Preventing Hoarding of Health and Medical Resources to Respond to the Spread of COVID-19) as scarce materials or threatened materials: 1. N-95 Filtering Facepiece Respirators, including devices that are disposable half-face-piece nonpowered air-purifying particulate respirators intended for use to cover the nose and mouth of the wearer to help reduce wearer exposure to pathogenic biological airborne particulates 2. Other Filtering Facepiece Respirators (e.g., those designated as N99, N100, R95, R99, R100, or P95, P99, P100)... [and] elastomeric respirators, PAPRs, surgical masks, gloves, face shields, gowns, ventilators, sterilization services, disinfecting devices, medical gowns, sanitizing and disinfecting products

Enforcement: DPA § 103 criminal penalties; DOJ hoarding prosecutions

Citation: Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074) Open the exhibit

Ex. FED-109

FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)

Florida; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Florida) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 91 (the whole quarter)

I have determined that the emergency conditions in [Florida] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Florida].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109) Open the exhibit

Continuing in force from an earlier quarter of this report (33 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-334	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	In force from May 21, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-333	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	In force from Sept. 16, 2020 to July 1, 2021	Business closureCourts and public offices
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-270	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	In force from Jan. 24, 2021 to June 10, 2021	Telework mandateCapacity limitFace-covering requirementTravel and quarantineWorkplace rules
Ex. FED-296	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	In force from Feb. 12, 2021 to Apr. 5, 2021	Gathering capCourts and public offices
Ex. FED-155	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	In force from Mar. 10, 2021 to Apr. 27, 2021	Gathering capHealth care orders
Ex. FED-305	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	In force from Mar. 17, 2021 to June 1, 2021	Business closureCourts and public offices
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration

125 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-057

ODOT/DMV bulletin (June 29, 2021)

DMV continues expanding services as Oregon ends COVID-19 restrictions

Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), Oregon (State)

Dates: In force from June 30, 2021 to Sept. 30, 2021 (issued June 29, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: DM motor-vehicle offices, titles, registrations, testing (appointment-only; masks on drive tests); HR CDL testing; SR dealer titling
Grade: Confirmed from a secondary source
Days in this quarter: 1 (in force on the last day)

As of June 30, 2021, DMV offices will no longer require masks or physical distancing, or pandemic-related capacity limits on indoor waiting areas.... Appointments are the best way to get DMV services now and in the future.

Enforcement: Agency operating directive

Citation: Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057) Open the exhibit

Ex. OR-040

Executive Order 21-10

Seventh Extension of Executive Order 20-03 and COVID-19 State of Emergency

Governor Kate Brown, Oregon (State)

Dates: In force from Apr. 29, 2021 to June 28, 2021
Quarters: 2021 Q2
Limitations: Emergency declaration
Functions reached: all functions (continuity)
Grade: Primary source read
Days in this quarter: 61

I hereby extend Executive Order 20-03 through June 28, 2021, unless extended or terminated earlier by the Governor.

Enforcement: Predicate

Citation: Governor Kate Brown, Executive Order 21-10 (Apr. 29, 2021) (Ex. OR-040) Open the exhibit

Ex. OR-041

Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744

Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (permanent adoption)

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates: In force from May 4, 2021 to June 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: PF production floor (distancing, masks, sanitation to June 29, 2021; ventilation, notification, medical removal, plan and training after); OP offices; HR infection-control plan, training, notification, medical removal; WF quarantine of exposed employees; IC health-care exceptional-risk provisions
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

Unless otherwise indicated, the rule's provisions take effect May 4, 2021, and remain in effect until revised or repealed. Note: Oregon OSHA's temporary rule addressing COVID-19 in the workplace expires May 4, 2021, 180 days after its adoption. Under the Oregon Administrative Procedures Act, a temporary rule cannot be renewed or extended beyond 180 days. Therefore, in order to extend protections for workers against COVID-19, which remains a significant concern, Oregon OSHA adopted this rule following the normal process for permanent rulemaking.

Enforcement: Oregon Safe Employment Act citations and civil penalties; complaint-driven inspections

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041) Open the exhibit

Ex. OR-042

Executive Order 21-14

Extending House Bill 2009's Mortgage Foreclosure Moratorium Until September 30, 2021

Governor Kate Brown, Oregon (State)

Dates: In force from June 11, 2021 to Sept. 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Courts and public officesOther
Functions reached: SV servicing and foreclosure; ML mortgage lending; CL trustee sales and judicial foreclosure; CM commercial property finance (HB 2009 coverage as enacted)
Grade: Primary source read
Days in this quarter: 20 (in force on the last day)

I find that conditions warrant extending House Bill 2009's moratorium until at least September 30, 2021.... Pursuant to section 1(2)(b) of House Bill 2009 (2021), I hereby extend the mortgage foreclosure moratorium "emergency period" underlying the provisions of [House Bill 2009]... This Executive Order is effective immediately, and remains in effect until 11:59 [p.m. on September 30, 2021].

Enforcement: HB 2009 remedies (foreclosure actions and trustee sales barred during the emergency period)

Citation: Governor Kate Brown, Executive Order 21-14 (June 11, 2021) (Ex. OR-042) Open the exhibit

Ex. OR-043

Executive Order 21-15

Reopening Oregon: Rescinding Remaining Pandemic-Related Executive Orders; Extending Executive Order 20-03 to Support Recovery

Governor Kate Brown, Oregon (State)

Dates: In force from June 30, 2021 to Dec. 31, 2021 (issued June 25, 2021)
Quarters: 2021 Q22021 Q3
Limitations: Emergency declarationSchools and child care
Functions reached: all functions (end of the general regime; continuation of the emergency predicate); EC child care flexibilities; IN schools: expectation of full-time in-person 2021-22 under statutes, rules and OHA/ODE guidance
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

2. Executive Order 20-66 (County Risk Framework). Executive Order 20-66, the successor of my original "Stay Home, Save Lives" and "Safe and Strong Oregon" orders, which contains the authorities for the statewide mask mandate and business and other sector capacity and physical distancing restrictions, among other pandemic-related restrictions, is rescinded, as of the Effective Date. 3. Executive Order 20-22 (Non-urgent Healthcare Procedures). Executive Order 20-22 is rescinded, as of the Effective Date. 4. Executive Order 21-06 (K-12 Schools). Executive Order 21-06 is rescinded, as of the Effective Date.... 5. Executive Order 20-28 (Higher Education)... is rescinded, as of the Effective Date. 6. a. Executive Order 20-19 (Childcare Facilities). Executive Order 20-19 is rescinded, as of the Effective Date. b. Ordering Additional Flexibility through September 1, 2021.... 7.... I find that…

Enforcement: ORS 401.192 full force and effect of law

Citation: Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043) Open the exhibit

Ex. OR-044

Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744)

Changes to Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces (June 30, 2021)

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates: In force from June 30, 2021 to Aug. 13, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: PF, OP: ventilation, 24-hour exposure notification, medical removal and quarantine, risk assessment, infection-control plan and training retained for every workplace through Q3 2021; IC health care distancing and masking retained; WF voluntary masking right
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Major changes include the removal of physical distancing (section (3)(a)) and mask, face covering, or face shield (section (3)(b)) requirements for most employers. The rule retains the provision that an employee who chooses to wear a mask, face shield, or face covering, even when it is not required, must be allowed to do so. Notable exceptions to these changes include healthcare as well as transit.... The agency has removed the specific requirements related to Restaurants, Bars, Brewpubs, and Public Tasting Rooms... (A-1); Retail Stores (A-2); Personal Services Providers (A-3); Construction Operations (A-4);... Fitness-Related Organizations (A-7); K-12 Educational Institutions (A-8); Employers Operating Child Care and Early Education Programs (A-9)... This is Oregon OSHA Administrative Order 5-2021, Adopted and effective June 30, 2021.

Enforcement: Oregon Safe Employment Act

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044) Open the exhibit

Continuing in force from an earlier quarter of this report (13 instruments):

Exhibit	Citation	Dates	Limitations
Ex. OR-035	Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035)	In force from Dec. 3, 2020 to June 30, 2021 (issued Dec. 2, 2020)	Business closureTelework mandateCapacity limitGathering capFace-covering requirementTravel and quarantineCurfew and hoursAlcohol and barsEvents and venuesWorkplace rulesQuarantine and isolation
Ex. OR-062	Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062)	In force from Dec. 3, 2020 to June 29, 2021	Business closureCapacity limitGathering capFace-covering requirementCurfew and hoursAlcohol and bars
Ex. OR-013	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	In force from Apr. 23, 2020 to June 30, 2021	Business closureSchools and child care
Ex. OR-021	Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021)	In force from June 14, 2020 to June 30, 2021 (issued June 12, 2020)	Gathering capSchools and child careWorkplace rules
Ex. OR-001	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)	Emergency declaration
Ex. OR-015	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)	In force from May 1, 2020 to June 30, 2021 (issued Apr. 27, 2020)	Health care orders
Ex. OR-064	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	In force from June 30, 2020 to Sept. 30, 2021	Alcohol and barsCourts and public officesOther
Ex. OR-025	Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025)	In force from July 24, 2020 to June 30, 2021	Face-covering requirementWorkplace rules
Ex. OR-029	Governor Kate Brown, Executive Order 20-58 (Oct. 23, 2020) (Ex. OR-029)	In force from Oct. 23, 2020 to Apr. 30, 2021	Workplace rulesOther
Ex. OR-032	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032)	In force from Nov. 16, 2020 to May 4, 2021 (issued Nov. 6, 2020)	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. OR-037	Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown, House Bill 4401 (2020) (Dec. 23, 2020) (Ex. OR-037)	In force from Dec. 23, 2020 to June 30, 2021	Courts and public officesOther
Ex. OR-038	Governor Kate Brown, Executive Order 21-05 (Feb. 25, 2021) (Ex. OR-038)	In force from Feb. 25, 2021 to May 2, 2021	Emergency declaration
Ex. OR-039	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 21-06 (Mar. 12, 2021) (Ex. OR-039)	In force from Mar. 12, 2021 to June 30, 2021	Face-covering requirementSchools and child careWorkplace rules

Agencies, boards and authorities: Oregon

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053

Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule)

Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing (Adoption, April 2021)

Oregon OSHA, Administrative Order 1-2021, Oregon OSHA (State agency) (Sector regulator)

Dates: In force from Apr. 30, 2021 to Oct. 24, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitWorkplace rulesQuarantine and isolation
Functions reached: LB labor housing (occupancy, bed spacing, isolation space, ventilation, no charges); FP farm production (housing capacity limits the harvest workforce); LG hotels and motels used as labor housing (licensed; configuration and services fixed); WF workforce; OP administration
Grade: Primary source read
Days in this quarter: 62 (in force on the last day)

OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.... The Executive Order [20-58] expired on April 30, 2021. In order to extend protections for workers against [COVID-19, Oregon OSHA adopts this rule]... (j) Charging occupants for required services. Operators must not charge for [any of the services required by this rule]... (i) The hotel or motel facility must be licensed and meet the other [requirements]... (iii) Room assignment must ensure privacy and separation for [occupants who are not household members]... employers must increase air circulation and [ventilation].

Enforcement: ORS 654.071, 654.086 (Oregon OSHA citations and civil penalties)

Citation: Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) Open the exhibit

Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054

Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing)

Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing (Temporary Rulemaking, Adopted Amendments, June 2021)

Oregon OSHA, Administrative Order 4-2021, Oregon OSHA (State agency) (Sector regulator)

Dates: In force from June 30, 2021 to Oct. 24, 2021
Quarters: 2021 Q22021 Q3
Limitations: Capacity limitWorkplace rules
Functions reached: LB labor housing; FP farm production; WF workforce
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Temporary Rulemaking. Adopted Amendments. June 2021.... OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.

Enforcement: ORS 654.071, 654.086

Citation: Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-019

Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule

COVID-19 Workplace Requirements for Employer-Provided Labor Housing (permanent rule adopted May 4, 2021)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates: In force from May 4, 2021 to June 30, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Functions reached: LB labor housing (occupancy, bed spacing, cohorts, isolation, cleaning, face coverings); FP farm production (housing-dependent harvest labor); WF workforce; HR training and notices
Grade: Primary source read
Days in this quarter: 58 (in force on the last day)

(a) This rule applies to all employer-provided labor housing and other employer-provided housing, whether such housing is otherwise currently covered by OAR 437-004-1120 'Agricultural Labor Housing and Related Facilities' or by 29 CFR 1910.142... The requirements of this rule apply to all labor housing sites owned, operated, or allowed to operate on the employer's premises.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086

Citation: Oregon OSHA, Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule (May 4, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-019) Open the exhibit

Ex. AGY-ST-LABOR-WORKPLACE-020

Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions

Adopted temporary amendments to COVID-19 Workplace Requirements for Employer-Provided Labor Housing (letter and filing)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates: In force from June 30, 2021 to Dec. 26, 2021
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Functions reached: LB; FP; WF; HR
Grade: Primary source read
Days in this quarter: 1 (in force on the last day)

Consistent with that decision, Oregon OSHA is amending OAR 437-004-1115 COVID-19 Workplace Requirements for Employer-Provided Labor Housing... By amending the rules to align with Oregon Health Authority and Governor Brown, Oregon OSHA... [retains the housing-specific COVID-19 requirements while removing general masking and distancing provisions for fully vaccinated occupants]. This is Oregon OSHA Administrative Order 4-2021, Adopted and effective June 30, 2021.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086

Citation: Oregon OSHA, Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions (Ex. AGY-ST-LABOR-WORKPLACE-020) Open the exhibit

Continuing in force from an earlier quarter of this report (2 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-092	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)	Business closureAlcohol and barsOther
Ex. AGY-ST-LABOR-WORKPLACE-018	Oregon OSHA, Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents (Dec. 11, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-018)	In force from Dec. 11, 2020 to May 4, 2021	Face-covering requirementWorkplace rulesQuarantine and isolation

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Federal layer

Ex. FED-272

COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks

COVID-19 Workplace Safety: Agency Model Safety Principles (Issued July 29, 2021)

Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, United States (all federal buildings and federal lands; federally hosted meetings) (Federal)

Dates: In force from July 29, 2021 to Sept. 13, 2021
Quarters: 2021 Q3
Limitations: Gathering capFace-covering requirementTravel and quarantineWorkplace rulesVaccination or testing
Functions reached: CS vendor, contractor and visitor entry to every federal building conditioned on vaccination status or testing from July 29, 2021; MK federally hosted meetings, conferences and events over 50 participants restricted; TR federal official travel for the unvaccinated limited to mission-critical trips; OF masks in federal buildings in areas of substantial or high transmission regardless of vaccination status (which by August 2021 was nearly the whole country)
Grade: Primary source read
Days in this quarter: 47

Federal agencies need to ask about the vaccination status of Federal employees and onsite contractors -- employees and onsite contractors must sign an attestation confirming their vaccination status, or they will be treated as not fully vaccinated for purposes of safety protocols.... Visitors must provide information on their vaccination status and comply with the requisite safety protocols.... [for employees and contractors] who are not fully vaccinated or who decline to provide information about their vaccination status, official domestic travel should be limited to only necessary mission-critical trips.... Should an agency intend to host an in-person meeting, conference, or event that will be attended by more than 50 participants -- regardless of whether participants include members of the public -- the agency must first seek the approval of its agency head, in consultation with the…

Enforcement: EO 13991 § 2; agency safety plans; attestation under penalty of administrative action (Certification of Vaccination form, Ex. FED-278)

Citation: Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272) Open the exhibit

Ex. FED-307

Updated Amended Standing Order 21-04

In re: Court Operations Under the Exigent Circumstances Created by COVID-19 (Updated Amended, Sept. 3, 2021)

Chief Judge Freda L. Wolfson, United States District Court for the District of New Jersey (Court)

Dates: In force from Sept. 3, 2021 to Dec. 29, 2021
Quarters: 2021 Q3
Limitations: Capacity limitFace-covering requirementCourts and public offices
Functions reached: CT jury selections capped at one per vicinage; masks for all entrants regardless of vaccination status; temperature screening (Sept. 2021); CS
Grade: Primary source read
Days in this quarter: 28 (in force on the last day)

[WHEREAS the Delta] and other variants, and on July 27, 2021, the CDC recommended that all persons, including those fully vaccinated against COVID-19, wear a mask in public indoor settings, in areas of [substantial or high transmission]... [the Court has required] full vaccination of its employees, while continuing its protocols of temperature screening and hand sanitizing by all entrants to the District's courthouses, and mask wearing in all public areas of Court facilities by entrants and occupants thereof, regardless of vaccination status;... 1. No more than one jury selection, either civil or criminal, shall occur in each vicinage of this Court at one time... 2. Multiple, simultaneous jury trials may be conducted in each of this Court's vicinages, but the number of simultaneous criminal jury trials involving detainees in each [vicinage is limited]... DATED: September 3, 2021

Enforcement: court order

Citation: Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307) Open the exhibit

Ex. FED-130

FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)

New Jersey; Major Disaster and Related Determinations, 85 Fed. Reg. 20700 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (New Jersey) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [New Jersey] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [New Jersey].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130) Open the exhibit

Ex. FED-133

FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)

North Carolina; Major Disaster and Related Determinations, 85 Fed. Reg. 20701 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (North Carolina) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [North Carolina] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [North Carolina].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133) Open the exhibit

Ex. FED-143

FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)

Texas; Major Disaster and Related Determinations, 85 Fed. Reg. 20699 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Texas) (Federal)

Dates: In force from Mar. 25, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Texas] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Texas].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143) Open the exhibit

Ex. FED-113

FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)

Illinois; Major Disaster and Related Determinations, 85 Fed. Reg. 20703 (Apr. 14, 2020)

President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), United States (Illinois) (Federal)

Dates: In force from Mar. 26, 2020 to May 11, 2023
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declaration
Functions reached: predicate for the State layer (funds the emergency protective measures State and local orders required)
Grade: Primary source read
Days in this quarter: 92 (the whole quarter)

I have determined that the emergency conditions in [Illinois] resulting from the Coronavirus Disease 2019 (COVID-19) pandemic beginning on January 20, 2020, and continuing, are of sufficient severity and magnitude to warrant a major disaster declaration under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the 'Stafford Act'). Therefore, I declare that such a major disaster exists in [Illinois].... You are authorized to provide assistance for emergency protective measures (Category B), including direct Federal assistance, under the Public Assistance program [statewide]. (Standard text of the COVID-19 major disaster letters as published by FEMA; the State name and any Individual Assistance or Hazard Mitigation authorizations vary; quote from the exhibit.)

Enforcement: Predicate and funding instrument; Public Assistance Category B at 75 percent, raised to 100 percent federal share for work from January 20, 2020 (FED-007 to FED-009, FED-151)

Citation: President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113) Open the exhibit

Continuing in force from an earlier quarter of this report (34 instruments):

Exhibit	Citation	Dates	Limitations
Ex. FED-290	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	In force from Mar. 12, 2020 to Sept. 30, 2021	Business closureCourts and public offices
Ex. FED-398	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	In force from May 20, 2020 to Jan. 3, 2023 (issued May 15, 2020)	Gathering capOther
Ex. FED-031	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	In force from Oct. 30, 2020 to Nov. 1, 2021	Capacity limitTravel and quarantineEvents and venuesWorkplace rules
Ex. FED-060	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	In force from Jan. 20, 2021 to May 9, 2023	Gathering capFace-covering requirementWorkplace rules
Ex. FED-156	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	In force from Apr. 27, 2021 to Nov. 12, 2021	Gathering capFace-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. FED-032	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	In force from May 5, 2021 to Sept. 30, 2021	Capacity limitTravel and quarantineWorkplace rulesVaccination or testing
Ex. FED-080	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	In force from June 21, 2021 to Dec. 27, 2021	Capacity limitFace-covering requirementHealth care ordersWorkplace rulesVaccination or testingQuarantine and isolation
Ex. FED-008	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	In force from Jan. 20, 2020 to Aug. 17, 2021 (issued Feb. 2, 2021)	Emergency declaration
Ex. FED-010	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	In force from Jan. 27, 2020 to May 11, 2023 (issued Jan. 31, 2020)	Emergency declaration
Ex. FED-200	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	In force from Feb. 2, 2020 to Nov. 8, 2021 (issued Jan. 31, 2020)	Travel and quarantine
Ex. FED-180	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	In force from Feb. 4, 2020 to Oct. 1, 2024 (issued Mar. 10, 2020)	Emergency declarationHealth care orders
Ex. FED-181	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	In force from Feb. 4, 2020 to Sept. 30, 2021	Emergency declarationHealth care orders
Ex. FED-001	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	In force from Mar. 1, 2020 to Apr. 10, 2023 (issued Mar. 13, 2020)	Emergency declaration
Ex. FED-160	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	In force from Mar. 1, 2020 to May 11, 2023 (issued Mar. 13, 2020)	Health care ordersOther
Ex. FED-182	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	In force from Mar. 2, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-201	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	In force from Mar. 2, 2020 to Nov. 8, 2021 (issued Feb. 29, 2020)	Travel and quarantine
Ex. FED-096	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	In force from Mar. 4, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-098	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	In force from Mar. 10, 2020 to Sept. 30, 2021	Health care orders
Ex. FED-006	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	In force from Mar. 13, 2020 to May 11, 2023	Emergency declaration
Ex. FED-311	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	In force from Mar. 16, 2020 to Sept. 30, 2021	Courts and public offices
Ex. FED-194	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	In force from Mar. 17, 2020 to May 11, 2023	Health care ordersOther
Ex. FED-070	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	In force from Mar. 18, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-292	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	In force from Mar. 19, 2020 to July 19, 2021	Courts and public offices
Ex. FED-034	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	In force from Mar. 20, 2020 to Sept. 30, 2021	Travel and quarantine
Ex. FED-132	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	In force from Mar. 20, 2020 to May 11, 2023	Emergency declaration
Ex. FED-104	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-147	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	In force from Mar. 22, 2020 to May 11, 2023	Emergency declaration
Ex. FED-071	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	In force from Mar. 23, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-099	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	In force from Mar. 23, 2020 to May 1, 2023	Health care ordersCourts and public offices
Ex. FED-115	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	In force from Mar. 23, 2020 to May 11, 2023	Emergency declaration
Ex. FED-118	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	In force from Mar. 24, 2020 to May 11, 2023	Emergency declaration
Ex. FED-183	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	In force from Mar. 24, 2020 to Sept. 30, 2021	Emergency declarationSupply chain
Ex. FED-074	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	In force from Mar. 25, 2020 to Sept. 30, 2021	Supply chain
Ex. FED-109	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	In force from Mar. 25, 2020 to May 11, 2023	Emergency declaration

127 further federal instruments were in force in this quarter and are listed in the Library's federal layer at covidproject.com/federal; this report shows the 40 most relevant to this selection.

State of Oregon

Ex. OR-045

OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022)

Masking Requirements in Schools

Oregon Health Authority, Public Health Division, Oregon (State)

Dates: In force from Aug. 2, 2021 to Jan. 28, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child care
Functions reached: IN in-person instruction under universal masking; WF workforce (school operations and exclusion rules); AC athletics (competitive-sport exception); HR school staff
Grade: Primary source read
Days in this quarter: 60 (in force on the last day)

(4) Schools must ensure that all individuals, including but not limited to staff, students, contractors and visitors wear a mask or face covering, except as provided in sections (5) and (6) of this rule, when in an indoor setting: (a) At school during regular school hours; (b) Engaged in educational activities such as field trips or off-campus classes during regular school hours; and (c) At school engaged in educational activities outside of regular school hours.... (8) A school that violates this rule is subject to a civil penalty of $500 per day per violation.

Enforcement: Civil penalty $500 per day per violation (OAR 333-019-1015(8)); Oregon OSHA complaint investigations under the Oregon Safe Employment Act ($100-$126,749 per the ODE enforcement memorandum, OR-056); TSPC educator discipline

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022) (Aug. 2, 2021) (Ex. OR-045) Open the exhibit

Ex. OR-046

OAR 333-019-1010 (PH 34-2021)

COVID-19 Vaccination or Testing Requirements for Healthcare Providers and Healthcare Staff in Healthcare Settings

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), Oregon (State)

Dates: In force from Aug. 5, 2021 to Aug. 25, 2021
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR credentialing and vaccination-status documentation of every clinical and non-clinical staff member (clerical, dietary, environmental services, billing, volunteers); IC infection control (weekly testing); WF workforce availability; CH dental chairside staff; HC home care agencies (licensed settings and agencies under ORS 443)
Grade: Primary source read
Days in this quarter: 21

OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to either be vaccinated against COVID-19 or be tested for COVID-19 on at least a weekly basis.... An employer of healthcare providers or healthcare staff, contractors or responsible parties must have and follow a policy for: (a) Requesting and obtaining from every healthcare provider and healthcare staff person proof of vaccination. (b) Required COVID-19 testing for any healthcare provider or healthcare staff person who is unvaccinated or has an unknown vaccination status, on at least a weekly basis. (c) Maintaining documentation... Full compliance with the rule is required no later than September 30, 2021. A person who violates the rule on or after September 30, 2021, may have civil penalties imposed against them of $500 per day per…

Enforcement: Civil penalties of $500 per day per violation from Sept. 30, 2021 (ORS 431A.010)

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046) Open the exhibit

Ex. OR-056

Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021)

Enforcement of OAR 333-019-1015 Masking Requirements in Schools

Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Oregon (State)

Dates: In force from Aug. 12, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Face-covering requirementSchools and child careWorkplace rules
Functions reached: IN in-person instruction under enforced masking; HR educator licensure exposure; WF
Grade: Primary source read
Days in this quarter: 50 (in force on the last day)

There are currently two pathways to enforcement of face covering requirements in schools: OAR 333-019-1015 adopted by OHA, and the Oregon Safe Employment Act (temporary amendment to rule to be adopted by OROSHA).... Failure to enforce: Fine based on serious violations...; $100 to $2,600. Willful negligence: Fine based on size of the business...; $8,900 to $126,749.... Each separate school building that fails to comply may be considered a separate violation of OAR 333-019-1015 for the purposes of calculating civil penalties up to $500 per day per school building.

Enforcement: As quoted; TSPC discipline of licensed educators (OAR 584-020-0040)

Citation: Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021) (Aug. 12, 2021) (Ex. OR-056) Open the exhibit

Ex. OR-047

Oregon EO 21-29 (Aug. 13, 2021)

COVID-19 Vaccination Requirement for State Executive Branch Employees and Workers

Governor Kate Brown, Oregon (State)

Dates: In force from Aug. 13, 2021 to Sept. 30, 2021
Quarters: 2021 Q3
Limitations: Workplace rulesVaccination or testing
Functions reached: HR vaccination status of State employees and of every private contractor's on-site personnel (janitorial, security, staffing, construction, IT, professional services at State worksites); PL placements at State client sites; WF
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

2. Prohibitions. This order prohibits the following: a. Any Employee or Worker from engaging in work for the Executive Branch after October 18, 2021, or six weeks after the date that the United States Food and Drug Administration approves a vaccination against COVID-19, whichever is later, if the Employee or Worker has not been Fully Vaccinated against COVID-19. b. The Executive Branch from permitting any Employee or Worker to engage in work for the Executive Branch after [that date]... if the Employee or Worker has not been fully vaccinated against COVID-19 and provided proof or documentation thereof... 7. Enforcement. Employees who fail to comply with this directive will face personnel consequences up to and including separation from employment. Contracting agencies may take any action in contract, at law, or in equity for any noncompliance of Workers and entities for which a Worker is…

Enforcement: Para. 7 as quoted; ORS 401.192(1)

Citation: Governor Kate Brown, Oregon EO 21-29 (Aug. 13, 2021) (Ex. OR-047) Open the exhibit

Ex. OR-048

OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)

Masking Requirements for Indoor Spaces (from Aug. 27, 2021: Masking Requirements for Indoor and Outdoor Spaces)

Oregon Health Authority, Public Health Division, Oregon (State)

Dates: In force from Aug. 13, 2021 to Feb. 8, 2022 (issued Aug. 11, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: PF production floor (factories named); JS construction sites (named); FP farms (named); OP offices (private individual enclosed workspace excepted); SF sales floors (customers); DR dining (masks except while eating); FC fitness; PE performances (performer exception); WS worship (indoor); CB customers and visitors; HR PPE supply
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

(5) 'Individuals, regardless of vaccination status, are required to wear a mask, face covering or face shield except as exempted in section (6) of this rule when in an indoor space.'... 'Indoor spaces' [means] public/private workplaces, buildings, transportation, excluding private residences and personal vehicles; 'Public and private workplaces' [include] banks, factories, construction sites, farms... (7) [A person responsible for an indoor space] must: ensure employees, contractors, and volunteers comply; make reasonable efforts for customer/guest compliance; and post entrance signs stating masking requirements.... (3) This rule does not prohibit individuals or entities from imposing stricter masking requirements.... (9) [Violators face] civil penalties up to $500 daily per violation.

Enforcement: Civil penalty up to $500 per day per violation (OAR 333-019-1025(9); ORS 431A.010); Oregon OSHA enforcement in workplaces through AO 10-2021 (OR-049)

Citation: Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048) Open the exhibit

Ex. OR-049

Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)

Renewed Masking Requirements in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces

Oregon OSHA, Department of Consumer and Business Services, Oregon (Sector regulator)

Dates: In force from Aug. 13, 2021 to Mar. 12, 2022
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rules
Functions reached: PF, OP, JS, WH: every indoor workspace; HR PPE at no cost
Grade: Primary source read
Days in this quarter: 49 (in force on the last day)

Employers with employees working in indoor workspaces must implement the requirements of OAR 333-019-1025: Masking Requirements for Indoor Spaces, adopted by the Oregon Health Authority. (A) The employer must provide masks, face coverings, or face shields for employees at no cost to the worker.... Note: The requirements of (3)(b) and (3)(b)(A) are effective August 13, 2021.

Enforcement: Oregon Safe Employment Act citations and penalties

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744) (Aug. 13, 2021) (Ex. OR-049) Open the exhibit

Ex. OR-050

Executive Order 21-30

Extending House Bill 2009's Mortgage Foreclosure Moratorium Until December 31, 2021

Governor Kate Brown, Oregon (State)

Dates: In force from Aug. 16, 2021 to Dec. 31, 2021
Quarters: 2021 Q3
Limitations: Courts and public officesOther
Functions reached: SV servicing and foreclosure; ML mortgage lending; CL trustee sales
Grade: Primary source read
Days in this quarter: 46 (in force on the last day)

I now find that conditions warrant extending House Bill 2009's moratorium until December 31, 2021.... Pursuant to section 1(2)(b) of House Bill 2009 (2021), I hereby extend the mortgage foreclosure moratorium "emergency period" underlying the provisions of [House Bill 2009]...

Enforcement: HB 2009 remedies

Citation: Governor Kate Brown, Executive Order 21-30 (Aug. 16, 2021) (Ex. OR-050) Open the exhibit

Ex. OR-051

OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022)

COVID-19 Vaccination Requirement for Healthcare Providers and Healthcare Staff in Healthcare Settings

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), Oregon (State)

Dates: In force from Aug. 25, 2021 to Jan. 31, 2022
Quarters: 2021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testing
Functions reached: HR vaccination documentation of every employee, contractor and volunteer in a healthcare setting; WF staffing (unvaccinated staff barred after Oct. 18, 2021); IC; CH dental staff; HC home care and hospice agencies
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

This filing replaces Temporary Administrative Order PH 34-2021 filed and effective on August 5, 2021.... OAR 333-019-1010 helps to prevent and slow the spread of COVID-19 by requiring health care personnel and healthcare staff who work in healthcare settings to be vaccinated against COVID-19 or request a medical or religious exception.... SUSPEND: Temporary 333-019-1010 from PH 34-2021

Enforcement: Civil penalties of $500 per day per violation (per OHA notice; ORS 431A.010); employer documentation duty by Oct. 18, 2021

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022) (Aug. 25, 2021) (Ex. OR-051) Open the exhibit

Ex. OR-052

OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022)

COVID-19 Vaccination Requirements for Teachers and School Staff

Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), Oregon (State)

Dates: In force from Aug. 25, 2021 to Jan. 28, 2022
Quarters: 2021 Q3
Limitations: Schools and child careWorkplace rulesVaccination or testing
Functions reached: HR vaccination status of school employees and of contractor and vendor personnel with student contact (janitorial, food service, transportation, coaching, child care); WF; EC school-based child care staff
Grade: Primary source read
Days in this quarter: 37 (in force on the last day)

OAR 333-019-1030 helps to prevent and slow the spread of COVID-19 by requiring teachers, school staff, volunteers, and school-based program staff and volunteers who work in schools to be vaccinated against COVID-19 or request a medical or religious exception. Teachers, school staff and volunteers: (A) Means anyone age 16 and older: (i) Who is employed at a school or anyone who is not employed but is otherwise engaged to provide goods or services to or at a school through any formal or informal agreement, whether compensated or uncompensated, and includes but is not limited to teachers, administrative staff, cleaning staff, coaches, school bus drivers, family volunteers and substitute teachers; and (ii) Providing goods or services at or for a school that includes direct or indirect contact with students.

Enforcement: Civil penalties under ORS 431A.010 (rule text pages beyond the summary not read)

Citation: Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022) (Aug. 25, 2021) (Ex. OR-052) Open the exhibit

Ex. OR-058

Executive Order 21-31

Extending Emergency Regulatory Flexibility for Childcare Licensing; Amending Executive Order 21-15

Governor Kate Brown, Oregon (State)

Dates: In force from Sept. 1, 2021 to Dec. 31, 2021
Quarters: 2021 Q3
Limitations: Emergency declarationSchools and child care
Functions reached: EC child care (emergency facility approvals, emergency background checks, school-site programs) under emergency authority through Q3 2021; WF
Grade: Primary source read
Days in this quarter: 30 (in force on the last day)

Oregon is currently in the midst of a surge of the Delta variant of COVID-19.... Effective September 1, 2021, at 11:59pm, Paragraph 6(b) of Executive Order 21-15 [is amended]... b. Ordering Additional Flexibility through December 31, 2021.

Enforcement: ORS 401.192(1)

Citation: Governor Kate Brown, Executive Order 21-31 (Sept. 1, 2021) (Ex. OR-058) Open the exhibit

Ex. OR-054

Chief Justice Order 21-039

Order Imposing Vaccination Requirement

Chief Justice Martha L. Walters, Oregon Supreme Court, Oregon (Court)

Dates: In force from Oct. 1, 2021; end: Lifted by CJO 2022-003 (2022; not read) (issued Sept. 16, 2021)
Quarters: 2021 Q3
Limitations: Courts and public officesWorkplace rulesVaccination or testing
Functions reached: CT courts (staffing and operations); HR public-employee vaccination mandate; WF
Grade: Primary source read
Days in this quarter: 0

2. Vaccination requirement. Except as otherwise provided in paragraph 3, a. All judges and staff must have received one dose of a COVID-19 vaccine before October 1, 2021, and must provide proof before October 1, 2021.... 5. Failure to comply... (2) If a staff person does not comply..., that staff will be issued a notice of layoff and placed on unpaid leave, and will not be permitted to work for OJD... 6. This order is effective immediately and will remain in effect until amended, superseded, or vacated by further Chief Justice Order. Dated this 16th day of September, 2021.

Enforcement: Complaint to the Commission on Judicial Fitness and Disability and suspension request for judges; layoff and unpaid leave for staff (para. 5)

Citation: Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 21-039 (Sept. 16, 2021) (Ex. OR-054) Open the exhibit

Continuing in force from an earlier quarter of this report (7 instruments):

Exhibit	Citation	Dates	Limitations
Ex. OR-057	Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057)	In force from June 30, 2021 to Sept. 30, 2021 (issued June 29, 2021)	Capacity limitFace-covering requirementCourts and public offices
Ex. OR-001	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	In force from Mar. 7, 2020 to Sept. 30, 2021 (issued Mar. 8, 2020)	Emergency declaration
Ex. OR-064	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	In force from June 30, 2020 to Sept. 30, 2021	Alcohol and barsCourts and public officesOther
Ex. OR-041	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041)	In force from May 4, 2021 to June 30, 2021	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Ex. OR-042	Governor Kate Brown, Executive Order 21-14 (June 11, 2021) (Ex. OR-042)	In force from June 11, 2021 to Sept. 30, 2021	Courts and public officesOther
Ex. OR-043	Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043)	In force from June 30, 2021 to Dec. 31, 2021 (issued June 25, 2021)	Emergency declarationSchools and child care
Ex. OR-044	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044)	In force from June 30, 2021 to Aug. 13, 2021	Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation

Agencies, boards and authorities: Oregon

Ex. AGY-ST-LABOR-WORKPLACE-021

Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces

Medical Relief Benefits in Rules Addressing the COVID-19 Public Health Emergency in All Workplaces (adopted Sept. 14, 2021; effective Sept. 16, 2021)

Oregon OSHA, Oregon; Oregon OSHA, Department of Consumer and Business Services (Sector regulator)

Dates: In force from Sept. 16, 2021 to Dec. 21, 2021 (issued Sept. 14, 2021)
Quarters: 2021 Q3
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Functions reached: EMP (masking in every indoor workplace and in crowded outdoor workplaces); HC health care medical removal with pay; WF workforce (paid removal of infected and exposed workers); HR; OP
Grade: Primary source read
Days in this quarter: 15 (in force on the last day)

Oregon OSHA is making a substantive change to OAR 437-001-0744: Rule Addressing COVID-19 Workplace Risks... The MRB provides [medical removal protection benefits when] the need for the medical removal is met under the provisions listed in the rule.... The amendment is effective September 16, 2021. Additionally, on August 27, 2021 the Oregon Health Authority adopted a temporary rule... Oregon OSHA has the authority to enforce rules adopted by other state agencies under ORS 654.025(3)(a). This temporary rulemaking is necessary to make it clear that [Oregon OSHA enforces OAR 333-019-1025] Masking Requirements for Indoor and Outdoor Spaces, adopted by the Oregon Health Authority.

Enforcement: Oregon OSHA citations and civil penalties, ORS 654.071, 654.086; ORS 654.025(3)(a)

Citation: Oregon OSHA, Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces (Sept. 14, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021) Open the exhibit

Continuing in force from an earlier quarter of this report (5 instruments):

Exhibit	Citation	Dates	Limitations
Ex. AGY-ST-ALCOHOL-092	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	In force from Mar. 17, 2020 to Apr. 1, 2022 (issued Mar. 20, 2020)	Business closureAlcohol and barsOther
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053	Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053)	In force from Apr. 30, 2021 to Oct. 24, 2021	Capacity limitWorkplace rulesQuarantine and isolation
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054	Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054)	In force from June 30, 2021 to Oct. 24, 2021	Capacity limitWorkplace rules
Ex. AGY-ST-LABOR-WORKPLACE-019	Oregon OSHA, Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule (May 4, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-019)	In force from May 4, 2021 to June 30, 2021	Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Ex. AGY-ST-LABOR-WORKPLACE-020	Oregon OSHA, Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions (Ex. AGY-ST-LABOR-WORKPLACE-020)	In force from June 30, 2021 to Dec. 26, 2021	Face-covering requirementWorkplace rulesQuarantine and isolation

Third quarter of 2021: the instruments in force, State of Oregon

In force during the third quarter of 2021 (an order in force on any day of the quarter is an order in force during it):

OR-043 EO 21-15: state of emergency (EO 20-03) extended to Dec. 31, 2021; para. 6(b) child-care emergency flexibilities to Sept. 1, 2021
OR-058 EO 21-31 (Sept. 1, 2021): child-care flexibilities extended to Dec. 31, 2021
OR-042 EO 21-14 (June 11, 2021): HB 2009 mortgage foreclosure moratorium to Sept. 30, 2021
OR-050 EO 21-30 (Aug. 16, 2021): foreclosure moratorium to Dec. 31, 2021
OR-041 / OR-044 Oregon OSHA OAR 437-001-0744 as amended June 30, 2021: ventilation, 24-hour exposure notification, medical removal and quarantine, risk assessment, infection-control plan, training, voluntary masking right; distancing and masks in health care and transit (all quarter)
OR-045 OAR 333-019-1015 (PH 33-2021, Aug. 2, 2021): masks required of everyone in every K-12 school indoors; $500 per day per violation; OR-056 ODE enforcement memorandum (Aug. 12, 2021)
OR-046 OAR 333-019-1010 (PH 34-2021, Aug. 5, 2021): health care providers and staff vaccinate or test weekly; compliance by Sept. 30, 2021
OR-047 EO 21-29 (Aug. 13, 2021): executive-branch employees and on-site workers fully vaccinated by Oct. 18, 2021
OR-048 OAR 333-019-1025 (PH 35-2021 filed Aug. 11, effective Aug. 13, 2021; PH 41-2021 Aug. 27, 2021): masks in every indoor space including public and private workplaces, age five and up, regardless of vaccination; crowded outdoor spaces from Aug. 27; $500 per day per violation
OR-049 Oregon OSHA AO 10-2021 (Aug. 13, 2021): employers with indoor workspaces must implement OAR 333-019-1025 and provide masks at no cost
OR-051 OAR 333-019-1010 as replaced by PH 38-2021 (Aug. 25, 2021): vaccination only (testing option removed); documentation of full compliance by Oct. 18, 2021; PH 42-2021 (Sept. 1, 2021) amendment
OR-052 OAR 333-019-1030 (PH 39-2021, Aug. 25, 2021): teachers, school staff, volunteers and school-based program staff (age 16 and up) vaccinated or excepted
OR-054 CJO 21-039 (Sept. 16, 2021): all judges and Oregon Judicial Department staff one dose before Oct. 1, 2021; twice-weekly testing from Oct. 4 for those excepted
OR-057 DMV appointment-based service continuing; masks on drive tests
Federal layer in Oregon (FED files): CDC conveyance mask order and TSA directives; OSHA Healthcare ETS from June 21, 2021; CMS conditions
Multnomah County indoor-mask executive rule (Aug. 9, effective Aug. 13, 2021) - PDX metro file

5. Standing duties in Oregon

Oregon's compulsion ran on four tracks of standing law, each of which predates COVID-19 and each of which the Governor's orders recited as their own foundation. First, the communicable-disease control act: ORS 433.010(1) commands that 'No person shall willfully cause the spread of any communicable disease within this state,' a Class C felony (ORS 433.990(2)); ORS 433.441(3) lets the Governor, in a public health emergency and, by subsection (4), in any ORS 401.165 emergency, 'Close, order the evacuation of or order the decontamination of any facility' and 'Control or limit entry into, exit from, movement within and the occupancy of premises in any public area'; ORS 433.443(2)(a)(C) lets the Public Health Director 'Order, or authorize local public health administrators to order, public health measures appropriate to the public health threat presented,' with civil penalties of $500 per day for knowing non-compliance ((2)(a)(F), (3)); ORS 431A.010(1) gives the Oregon Health Authority and every local public health administrator 'the power to enforce public health laws' by administrative order, civil penalty 'not to exceed $500 a day per violation,' inspection, civil action and referral for prosecution; ORS 431.150, 431.155 and 431.157 command enforcement and authorize injunctions. Every Oregon executive order in the library declared itself and the OHA guidance issued under it to be 'public health laws, as defined in ORS 431A.005,' enforceable 'as permitted under ORS 431A.010' (EO 20-25 para. 24, Ex. OR-017; EO 20-27 para. 26, Ex. OR-020; EO 20-66 para. 10, Ex. OR-035). Second, the emergency-management act: ORS 401.192(1) gives every gubernatorial rule and order 'the full force and effect of law both during and after the declaration of a state of emergency' and makes inconsistent laws, ordinances, rules and orders 'inoperative,' and ORS 401.990 makes knowing violation of any such order a Class C misdemeanor (30 days, $1,250, as the orders recited); the Oregon Court of Appeals held in Along Came Trudy LLC v. OLCC, 330 Or App 295, 304 (2024), rev den, 372 Or 588, that EO 20-66 'had the "full force and effect of law"' and that the OHA guidance it incorporated was enforceable, and affirmed cancellation of a restaurant's liquor license for indoor dining during Extreme Risk; JGB Enterprises, LLC v. OLCC, 325 Or App 326 (2023), and Central Pastime, LLC v. OLCC, 342 Or App 391 (2025), affirmed suspensions for indoor consumption, unenforced masks and unenforced six-foot distancing. Third, the Oregon Safe Employment Act: ORS 654.010 commands that 'Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein... and shall do every other thing reasonably necessary to protect the life, safety and health of such employees'; ORS 654.022 commands that 'Every employer, owner, employee and other person shall obey and comply with every requirement of every order, decision, direction, standard, rule or regulation' of the Department of Consumer and Business Services 'or in any way relating to or affecting safety and health in employments or places of employment'; Oregon OSHA announced on March 27, 2020 that 'All employers in Oregon are required by the Oregon Safe Employment Act (OSEA) to provide a safe and healthful workplace for their employees, regardless of the industry type or job function' and that it 'has the authority to enforce the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19'; it did so (159 citations by June 2, 2021 from roughly 600 enforcement actions and more than 24,500 complaints, including willful citations for violating the on-premises consumption prohibition of the Governor's order in June 2020, before any COVID rule existed), and from November 16, 2020 it bound every workplace by OAR 437-001-0744 (Ex. OR-032, OR-041, OR-044, OR-049), whose paragraph (3)(a) reads 'All employers must ensure' distancing and whose paragraph (3)(b) reads 'Each employer must ensure' face coverings. Fourth, the liability layer: the Legislature enacted one COVID-19 shield, HB 4402 (Or. Laws 2020 (3d Spec. Sess.), ch. 4, effective December 23, 2020), and conditioned it on the school 'operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission,' a term defined to include 'guidance'; the only general business shield introduced, HB 2638 (2021), which would have protected acts 'in reasonable compliance with guidance,' died in committee on June 26, 2021, so Oregon employers stood under the ordinary negligence standard for which Shahtout v. Emco Garbage Co., 298 Or 598 (1985), makes a governmentally prescribed safeguard the measure of due care. The sanitary code carried the same duties into every food-service, health-care, school and child-care workplace: OAR 333-019-0010(2) provides that a person 'may not attend or work at a school or facility while in a communicable stage of a restrictable disease,' and COVID-19 was made a restrictable disease by PH 17-2020 effective April 6, 2020; ORS 624.080(2) forbids a restaurant to 'employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease' and commands the manager to notify OHA 'immediately'; ORS 624.073(2) authorizes closure for an imminent danger. The orders themselves made continued operation conditional: EO 20-12 para. 6 let a retailer operate only if it 'designates an employee or officer to establish, implement, and enforce social distancing policies, consistent with guidance from the Oregon Health Authority' and para. 7 and 11 closed non-compliant businesses 'until they demonstrate compliance' (Ex. OR-007); EO 20-25 para. 6(a) let any retail business 'operate only if the business complies with any applicable OHA guidance' and para. 7(c) commanded that 'Businesses and non-profits must comply with any applicable OHA guidance, including but not limited to guidance for employers' (Ex. OR-017); EO 20-27 para. 4 repeated 'businesses must comply with any applicable OHA guidance, including but not limited to employer guidance, and face coverings guidance' (Ex. OR-020); EO 20-66 para. 2 delegated to OHA the issuance of 'binding guidance for the public, for employers, and for particular sectors of the economy' that 'is enforceable to the same extent this Executive Order is enforceable' (Ex. OR-035); OHA's mask guidance stated that businesses 'are required to' require face coverings (Ex. OR-025); OAR 333-019-1025(7) provides that a person responsible for an indoor space 'must' ensure employee compliance and post signs (Ex. OR-048). Where an instrument recommended rather than commanded, the record says so: EO 20-25 para. 2(c) told individuals they 'should maintain physical distancing' and 'should adhere to any applicable OHA guidance'; EO 20-66 made office work prohibited at Extreme Risk and 'strongly recommended' remote work at High and Moderate Risk (Ex. OR-035 notes); Oregon OSHA's June 30, 2020 advisory memo stated what it 'expects' and what employers 'should' do to enforce the mandatory OHA face-covering requirement, and labeled its further suggestions 'Best Practice.' Each compulsory measure was therefore the discharge of a governmental command or a governmental condition of operating, and none was an election by the employer.

The phase question

Whether the measures Oregon employers took beyond the four corners of the emergency orders were voluntary within Notice 2021-20 Q&A-14, or were the discharge of standing duties imposed by Oregon law and of conditions the orders themselves attached to continued operation.

The State's standing duties

Ex. DUT-OR-001

Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990)

ORS 433.004, 433.006, 433.010, 433.121, 433.128, 433.131, 433.138, 433.142, 433.156, 433.441, 433.442, 433.443, 433.452 and 433.990: communicable-disease control measures, the duty not to spread disease, closure of facilities and control of the occupancy of premises in a public health emergency, and the penalties

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureGathering capQuarantine and isolationStanding dutyOther
Character: statutory authority
Grade: Primary source read

433.441(3) During a declared public health emergency, the Governor may: (a) Close, order the evacuation of or order the decontamination of any facility... (d) Control or limit entry into, exit from, movement within and the occupancy of premises in any public area... 433.010(1) No person shall willfully cause the spread of any communicable disease within this state.

Enforcement: Violation of ORS 433.010 is a Class C felony (433.990(2)); violation of 433.004 or 433.008 is a Class A misdemeanor (433.990(1)); knowing failure to comply with requirements imposed by the Public Health Director under 433.443(2) carries civil penalties of up to $500 per day of violation (433.443(2)(a)(F), (3)); State and local law enforcement 'must assist' in enforcing isolation, quarantine and…

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990) (standing) (Ex. DUT-OR-001) Open the exhibit

Ex. DUT-OR-002

Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director

ORS 431A.005, 431A.010 and 431A.015: enforcement of public health laws by administrative order, civil penalty of up to $500 a day per violation, inspection, civil action and prosecution; multi-county control measures prescribed by the Public Health Director

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: order penalty
Grade: Primary source read

431A.010(1) The Oregon Health Authority and local public health administrators shall have the power to enforce public health laws. The enforcement powers... include... the authority to:... (c) Issue administrative orders to enforce compliance with public health laws; (d) Issue a notice of violation... and impose a civil penalty as established by rule not to exceed $500 a day per violation

Enforcement: Civil penalty up to $500 a day per violation (431A.010(1)(d)); administrative orders (1)(c); restriction of access to property (1)(h); civil action and court-ordered public health measures (1)(j); referral to a district attorney for criminal prosecution (1)(k).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002) Open the exhibit

Ex. DUT-OR-003

Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction

ORS 431.110, 431.150, 431.155, 431.157 and 431.413: general powers and duties of the Oregon Health Authority; enforcement of public health laws generally; injunctions against violations; powers and duties of local public health authorities

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: statutory authority
Grade: Primary source read

431.110 The Oregon Health Authority shall: (1) Have direct supervision of all matters relating to the preservation of life and health of the people of this state.... 431.150(1) The Oregon Health Authority shall enforce... any other public health law of this state.... 431.155(1)... the authority may institute proceedings in the circuit courts to enforce obedience thereto by injunction

Enforcement: Injunction and other mandatory process in circuit court (431.155, 431.157); prosecution by the district attorney on OHA's request (431.150(4)); the section's remedies are 'in addition to and not in substitution of any other enforcement provisions' (431.155(2)).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction (standing) (Ex. DUT-OR-003) Open the exhibit

Ex. DUT-OR-004

Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990)

ORS 401.165, 401.168, 401.175, 401.188, 401.192 and 401.990: the Governor's emergency powers, the 'full force and effect of law' of emergency rules and orders, and the Class C misdemeanor for knowingly violating them

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Emergency declarationStanding dutyOther
Character: order penalty
Grade: Primary source read

401.192(1) All rules and orders issued under authority conferred by ORS 401.165 to 401.236 shall have the full force and effect of law both during and after the declaration of a state of emergency.... 401.990 Any person knowingly violating... any of the rules, regulations or orders adopted and promulgated under this chapter, shall, upon conviction thereof, be guilty of a Class C misdemeanor.

Enforcement: Class C misdemeanor upon conviction (401.990): up to 30 days' imprisonment or a fine of $1,250 or both, as EO 20-66 para. 10 recited (Ex. OR-035); the orders themselves have the force of law and displace inconsistent law (401.192(1)).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990) (standing) (Ex. DUT-OR-004) Open the exhibit

Ex. DUT-OR-005

Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991)

ORS 654.003, 654.010, 654.015, 654.022, 654.025, 654.086 and 654.991: the general workplace-safety duty binding every Oregon employer and the penalties for violating it

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: workplace duty
Grade: Primary source read

Every employer shall furnish employment and a place of employment which are safe and healthful for employees therein,... and shall adopt and use such practices, means, methods, operations and processes as are reasonably necessary..., and shall do every other thing reasonably necessary to protect the life, safety and health of such employees

Enforcement: Civil penalties under 654.086(1): in 2020-2021 up to $12,750 for a serious violation and $8,900 to $126,749 for a willful or repeated violation, as Oregon OSHA stated on June 2, 2021 (DUT-OR-014) (the 2025 text reads $1,116-$15,625 and $11,162-$156,259, inflation-adjusted; up to $50,000 or $250,000 where death results; up to $15,625 per day for failure to correct); criminal penalty for a willful…

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991) (standing) (Ex. DUT-OR-005) Open the exhibit

Ex. DUT-OR-006

Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the 'restrictable diseases' for food service facilities, schools, children's facilities and health care facilities by PH 17-2020)

OAR 333-019-0010: no person may work at a school, child care facility, health care facility or food service facility while in a communicable stage of a restrictable disease, including COVID-19; school administrators shall exclude; health care infection control committees shall adopt work-restriction policies

Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careHealth care ordersWorkplace rulesQuarantine and isolationStanding duty
Character: sanitary code duty
Grade: Primary source read

(2) To protect the public health, an individual who attends or works at a school or child care facility, or who works at a health care facility or food service facility may not attend or work at a school or facility while in a communicable stage of a restrictable disease... (1)(b) "Restrictable disease": (A) As applied to food service facilities includes but is not limited to COVID-19

Enforcement: Violation of ORS 433.255 or 433.260 (the school and children's facility exclusion statutes the rule implements) is a Class A misdemeanor (ORS 433.990(1)); violation of OHA food-service rules is a Class C misdemeanor (ORS 624.990(1)) with civil penalties (ORS 624.992); the rule is a 'public health law' enforceable under ORS 431A.010 (civil penalty up to $500 a day per violation).

Citation: Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text), Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the 'restrictable diseases' for food service facilities, schools, children's facilities and health care facilities by PH 17-2020) (standing) (Ex. DUT-OR-006) Open the exhibit

Ex. DUT-OR-007

Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992)

ORS 624.041, 624.073, 624.080, 624.096, 624.990 and 624.992: restaurant sanitation rules, exclusion of employees with communicable disease, closure for imminent danger to the public health, and penalties

Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Oregon (State)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureWorkplace rulesStanding duty
Character: sanitary code duty
Grade: Primary source read

624.080(2) A person who is affected with a communicable disease... may not work in any restaurant... A restaurant... may not employ a person who is affected with, carries or is suspected of being affected with or carrying any communicable disease. If the... manager suspects that any employee has contracted any disease in a communicable form..., the manager shall notify the Director

Enforcement: Class C misdemeanor for violating ORS 624.010-624.121 or OHA rules under them (624.990(1)); civil penalty (624.992(1)); license revocation or suspension after up to 14 days to correct (624.073(1)); immediate closure for an imminent or present danger (624.073(2)); summary closure of temporary restaurants (624.096).

Citation: Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992) (standing) (Ex. DUT-OR-007) Open the exhibit

Ex. DUT-OR-008

Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203

Relating to claims arising during the COVID-19 emergency period; creating new provisions; amending ORS 659A.200 and 659A.203; and declaring an emergency

Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Oregon (State)

Dates: Standing (2020-12-23 (emergency clause, sec. 7: 'takes effect on its passage'))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Schools and child careOperating conditionOther
Character: liability shield condition
Grade: Primary source read

SECTION 2. (1) A person may not bring a claim for damages related to COVID-19 infection suffered as a result of acts or omissions performed by a school: (a) In the course of operating an education program; and (b) When the school is operating in compliance with COVID-19 emergency rules in effect at the time of the act or omission.

Enforcement: None as such: the statute conditions immunity; a school not 'operating in compliance with COVID-19 emergency rules' answers in ordinary negligence, and Safe Employment Act and workers' compensation claims are preserved regardless (sec. 2(4)(a)-(b)).

Citation: Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008) Open the exhibit

Ex. DUT-OR-009

House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee)

Relating to limitations of liability during the COVID-19 emergency

Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), Oregon (State)

Dates: Standing (never; referred to House Judiciary Jan. 19, 2021; assigned to the Subcommittee on Civil Law Jan. 29, 2021; public hearing Feb. 24, 2021; motion to withdraw from committee failed May 26, 2021)
Limitations: Operating conditionOther
Character: not enacted
Grade: Primary source read

(2)(a) Except as provided in subsection (3) of this section, a person is not liable for damages arising out of acts or omissions taken during the COVID-19 emergency period in reasonable compliance with guidance that is applicable to the person's professional or business activities.... (d) "Guidance" means executive orders, federal guidelines, state rules, local rules and state informational

Enforcement: none (not enacted)

Citation: Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee) (Jan. 11, 2021) (Ex. DUT-OR-009) Open the exhibit

Ex. DUT-OR-010

Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives'

Emergency Declaration Enforcement FAQ

Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon (State)

Dates: Standing (2020-03-24)
Quarters: 2020 Q2
Limitations: Stay-at-homeBusiness closureGathering capOther
Character: agency position statement
Grade: Primary source read

People that violate the Governor's Order in an Emergency Declaration could be arrested or cited, which is a C Misdemeanor- the lowest level of criminal conduct designation.... the employer may still have work to do on site. As long as employees are not conducting business that is prohibited by the Executive Order, it is okay to still be at the worksite.

Enforcement: Class C misdemeanor (ORS 401.990), by citation or arrest, described as 'an extreme last resort if a person failed to comply with the lawful direction of a police officer.'

Citation: Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010) Open the exhibit

Ex. DUT-OR-011

Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020)

Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance'

Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon (State)

Dates: Standing (2020-07-01 (with the statewide indoor face-covering requirement made mandatory by EO 20-27 para. 4 and the OHA guidance, Ex. OR-020, OR-025))
Quarters: 2020 Q32020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: guidance incorporated
Grade: Primary source read

The State of Oregon recognizes the challenges created by the guidance that directs businesses and others responsible for indoor spaces to require employees, contractors, volunteers, customers and visitors to wear a mask, face shield, or face covering. In implementing the requirement..., Oregon OSHA expects a business or other responsible for indoor spaces to take the following measures

Enforcement: The OHA guidance was a public health law enforceable under ORS 431A.010 (civil penalty up to $500 a day) and ORS 401.990 (EO 20-27 para. 26, Ex. OR-020); Oregon OSHA enforced face-covering failures under the Safe Employment Act (DUT-OR-014) and, from Nov. 16, 2020, under OAR 437-001-0744(3)(b) (Ex. OR-032).

Citation: Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020) (Ex. DUT-OR-011) Open the exhibit

Ex. DUT-OR-012

Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020)

Temporary Rule Addressing The COVID-19 Workplace Risks: Questions and Answers

Oregon OSHA, Department of Consumer and Business Services, Oregon (State)

Dates: Standing (2020-11-23 (interpreting a rule effective Nov. 16, 2020))
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: agency position statement
Grade: Primary source read

The responses in this document represent Oregon OSHA's current position on issues involving the Temporary Rule addressing the COVID-19 Workplace Risks.... 1. To whom does the temporary rule apply? This temporary rule applies to all workplaces in Oregon subject to Oregon OSHA jurisdiction. The section on Exceptional Risk applies to those activities listed in subsection (1)(c) of the rule.

Enforcement: Citations and civil penalties under ORS 654.086 for violating OAR 437-001-0744 (Ex. OR-032; DUT-OR-014).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020) (Ex. DUT-OR-012) Open the exhibit

Ex. DUT-OR-013

Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021)

Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests

Oregon OSHA, Department of Consumer and Business Services, Oregon (State)

Dates: Standing (2021-08-13 (with OAR 333-019-1025 and AO 10-2021))
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesOperating condition
Character: agency position statement
Grade: Primary source read

The Oregon Health Authority has adopted OAR 333-019-1025, "Masking Requirements for Indoor Spaces." In response, Oregon OSHA has revised the provisions of OAR 437-001-0744(3)(b) to require employers whose employees work in such spaces to implement the requirements of the OHA rule.... As a matter of enforcement policy, Oregon OSHA will consider an employer to be making a reasonable effort

Enforcement: Civil penalties of up to $500 per day per violation under OAR 333-019-1025(9) (Ex. OR-048); Oregon OSHA citations under ORS 654.086 for violating OAR 437-001-0744(3)(b) as amended by AO 10-2021 (Ex. OR-049).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021) (Ex. DUT-OR-013) Open the exhibit

Ex. DUT-OR-014

Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer

List of Oregon OSHA Citations Identified as Related to COVID-19

Oregon OSHA, Department of Consumer and Business Services, Oregon (State)

Dates: Standing (record of enforcement from March 2020 through June 2, 2021)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureFace-covering requirementWorkplace rulesOther
Character: workplace duty
Grade: Primary source read

Since the beginning of the pandemic, Oregon OSHA has issued at least 159 citations to employers for violating requirements to protect workers from COVID-19. These are the result of roughly 600 formal COVID-19 enforcement actions, of which roughly 500 have been completed to date. They were largely, but not entirely, based on more than 24,500 COVID-19 related complaints received by the agency

Enforcement: As stated: serious violations $100-$4,200 against a $12,750 maximum; willful violations $8,900-$126,749 (ORS 654.086 as then adjusted).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer (Ex. DUT-OR-014) Open the exhibit

Ex. DUT-OR-015

Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency's statement of the employer's statutory duty and of its authority to enforce the Governor's executive orders at the workplace

Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (Scope of Oregon OSHA COVID-19 Activity; Expectations of Businesses and other Employers)

Oregon OSHA, Department of Consumer and Business Services, Oregon (State)

Dates: Standing (2020-03-27)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Business closureTelework mandateWorkplace rulesStanding duty
Character: enforcement record
Grade: Primary source read

All employers in Oregon are required by the Oregon Safe Employment Act (OSEA) to provide a safe and healthful workplace for their employees, regardless of the industry type or job function.... Oregon OSHA believes that it has the authority to enforce the requirements of the executive order(s) as they relate to potential worker exposure to COVID-19.

Enforcement: Enforcement under the Safe Employment Act (ORS 654.071 citations, 654.086 civil penalties) of both Oregon OSHA rules and the Governor's orders as they involve worker exposure; the orders' own penalties (ORS 431A.010, 401.990) as recited in the attached Oregon State Police FAQ (DUT-OR-010).

Citation: Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency's statement of the employer's statutory duty and of its authority to enforce the Governor's executive orders at the workplace (standing) (Ex. DUT-OR-015) Open the exhibit

Ex. DUT-OR-016

Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited)

Along Came Trudy LLC, dba Along Came Trudy, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Oregon (Court)

Dates: Standing (2024-01-24 (decision); the conduct adjudicated occurred under EO 20-66 in Lane County at Extreme Risk)
Quarters: 2020 Q42021 Q1
Limitations: Business closureCapacity limitFace-covering requirementOther
Character: adjudication
Grade: Primary source read

It is undisputed that EO 20-66 was issued by the Governor under the authority of ORS 401.165 to 401.236. It therefore had the "full force and effect of law." EO 20-66 encompassed the Governor's directive to the OHA to provide guidance that, with the Governor's approval, would be incorporated into the executive order. Any procedural hurdle... cannot deprive the executive order of the full force

Enforcement: Cancellation of the liquor license affirmed (OAR 845-006-0345(15)); the court's holding confirms the ORS 431A.010 and 401.990 exposure recited in EO 20-66 para. 10.

Citation: Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016) Open the exhibit

Ex. DUT-OR-017

JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021)

JGB Enterprises, LLC, dba Twisted River Saloon, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals, Oregon (Court)

Dates: Standing (2023-04-19 (decision); the conduct adjudicated occurred Jan. 4-Feb. 20, 2021)
Quarters: 2021 Q1
Limitations: Business closureCapacity limitFace-covering requirementOther
Character: adjudication
Grade: Primary source read

And the Governor may implement any action authorized by ORS 433.441 to 433.452.... That includes closing facilities, regulating goods and services, and controlling or limiting "entry into, exit from, movement within and the occupancy of premises in any public area subject to or threatened by a public health emergency," as reasonably necessary to respond to the emergency. ORS 433.441(3).

Enforcement: 38-day license suspension by default order affirmed; immediate suspension for 'a serious danger to public health and safety' (ORS 471.315; OAR 845-006-0345(15)-(16)).

Citation: Oregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017) Open the exhibit

Ex. DUT-OR-018

Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66)

In the Matter of the Full-On Premises Sales License Held By Central Pastime, LLC, dba Central Pastime, Petitioner, v. Oregon Liquor and Cannabis Commission, Respondent

Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Oregon (Court)

Dates: Standing (2025-08-06 (decision); the conduct adjudicated occurred Dec. 2, 2020 and Mar. 27, 2021)
Quarters: 2020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesOther
Character: adjudication
Grade: Primary source read

The public health threat posed by the spread of COVID-19 provided the justification for requiring compliance with masking and physical distancing standards.... [quoting OLCC:] "Through liquor license inspections, OLCC staff have observed some licensees willfully ignore and fail to enforce OHA guidance.... This creates a serious and immediate danger to public health and safety"

Enforcement: 72-day license suspension affirmed (OAR 845-006-0345(15), (17)(a)).

Citation: Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018) Open the exhibit

Ex. DUT-OR-019

Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care)

Shahtout, Petitioner on Review, v. Emco Garbage Company, Inc. et al, Respondents on Review

Supreme Court of Oregon, Oregon (Court)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: adjudication
Grade: Primary source read

Omission of a required safeguard such as an audible "reverse signal alarm" on a vehicle would fall below a mandatory standard of care and thus establish "negligence per se" toward any victim if the requirement were enacted by the legislature or if authority to promulgate it for general public safety were delegated to the Motor Vehicles Division.

Enforcement: Civil liability in negligence (negligence per se where the requirement was enacted by the legislature or promulgated under delegated authority for general public safety; otherwise the requirement is evidence of the standard of due care).

Citation: Supreme Court of Oregon, Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care) (standing) (Ex. DUT-OR-019) Open the exhibit

Federal standing duties

Ex. DUT-FED-001

29 U.S.C. 654 (OSH Act § 5, the general duty clause)

Duties of employers and employees

Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

(a) Each employer-- (1) shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees; (2) shall comply with occupational safety and health standards promulgated under this chapter. (b) Each employee shall comply with occupational safety and health standards and all rules, regulations, and orders issued pursuant to this chapter which are applicable to his own actions and conduct.

Enforcement: 29 U.S.C. 666: civil penalties for serious, other-than-serious, willful and repeated violations (2020-2021 maxima $13,494 per serious violation and $134,937 per willful or repeated violation, 29 C.F.R. 1903.15(d)); willful violations causing death are criminal (29 U.S.C. 666(e)).

Citation: Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001) Open the exhibit

Ex. DUT-FED-002

29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)

Judicial review; discharge or discrimination against employee for exercise of rights

Congress (OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory duty
Grade: Primary source read

No person shall discharge or in any manner discriminate against any employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding under or related to this chapter or has testified or is about to testify in any such proceeding or because of the exercise by such employee on behalf of himself or others of any right afforded by this chapter.

Enforcement: 29 U.S.C. 660(c)(2): Secretary's suit in district court for reinstatement with back pay and 'all appropriate relief'

Citation: Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002) Open the exhibit

Ex. DUT-FED-003

29 C.F.R. 1910.132 (personal protective equipment, general requirements)

General requirements (Subpart I, Personal Protective Equipment)

Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a) Application. Protective equipment, including personal protective equipment for eyes, face, head, and extremities, protective clothing, respiratory devices, and protective shields and barriers, shall be provided, used, and maintained in a sanitary and reliable condition wherever it is necessary by reason of hazards of processes or environment... (d)(1) The employer shall assess the workplace to determine if hazards are present, or are likely to be present, which necessitate the use of personal protective equipment (PPE).

Enforcement: 29 U.S.C. 666 (civil penalties per violation)

Citation: Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003) Open the exhibit

Ex. DUT-FED-004

29 C.F.R. 1910.134 (respiratory protection)

Respiratory protection

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(2) A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are applicable and suitable for the purpose intended. The employer shall be responsible for the establishment and maintenance of a respiratory protection program... (c)(1)... the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004) Open the exhibit

Ex. DUT-FED-005

29 C.F.R. 1910.141 (sanitation)

Sanitation (Subpart J)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(a)(3)(i) All places of employment shall be kept clean to the extent that the nature of the work allows.... (d)(1) Washing facilities shall be maintained in a sanitary condition.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005) Open the exhibit

Ex. DUT-FED-006

29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39

Recording and Reporting Occupational Injuries and Illnesses

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1904.39(a)(1): Within eight (8) hours after the death of any employee as a result of a work-related incident, you must report the fatality to the Occupational Safety and Health Administration (OSHA)... (a)(2): Within twenty-four (24) hours after the in-patient hospitalization of one or more employees... as a result of a work-related incident, you must report the in-patient hospitalization... to OSHA.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006) Open the exhibit

Ex. DUT-FED-007

29 C.F.R. 1910.1030 (bloodborne pathogens)

Bloodborne pathogens

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

(c)(1)(i) Each employer having an employee(s) with occupational exposure as defined by paragraph (b) of this section shall establish a written Exposure Control Plan designed to eliminate or minimize employee exposure.... (d)(1) Universal precautions shall be observed to prevent contact with blood or other potentially infectious materials.

Enforcement: 29 U.S.C. 666

Citation: Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007) Open the exhibit

Ex. DUT-FED-008

29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)

Discrimination Against Employees Exercising Rights Under the Williams-Steiger Occupational Safety and Health Act of 1970

Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

§ 1977.12(b)(2):... If the employee, with no reasonable alternative, refuses in good faith to expose himself to the dangerous condition, he would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger through resort to regular statutory enforcement channels.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008) Open the exhibit

Ex. DUT-FED-009

OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)

COVID-19 - Standards (OSHA Safety and Health Topics)

Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: agency position statement
Grade: Primary source read

The General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), which requires employers to furnish to each worker 'employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm.'... OSHA's Bloodborne Pathogens standard (29 CFR 1910.1030) applies to occupational exposure to human blood... Recordkeeping and Reporting Occupational Injuries and Illness (29 CFR 1904)... 1910.132, General requirements... 1910.134.

Enforcement: as the underlying provisions provide

Citation: Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009) Open the exhibit

Ex. DUT-FED-010

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), United States (Federal)

Dates: Standing (2021-01-29)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of existing mandatory safety and health standards.... Employers should implement COVID-19 Prevention Programs in the workplace.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their workers with a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm.... employers still are required under the General Duty Clause, Section 5(a)(1) of the OSH Act, to...

Enforcement: none in the guidance; the general duty clause and standards it describes carry 29 U.S.C. 666 penalties

Citation: Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010) Open the exhibit

Ex. DUT-FED-011

Protecting Workers guidance, as updated August 13, 2021

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted January 29, 2021; updated June 10 and August 13, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-08-13)
Quarters: 2021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Guidance posted January 29, 2021; Updated June 10, [2021]; Summary of changes August 13, 2021... [recommendations for workers who are unvaccinated or otherwise at-risk, and] new guidance involving workers who are fully vaccinated but [in areas of substantial or high transmission].

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011) Open the exhibit

Ex. DUT-FED-013

Guidance on Returning to Work (OSHA 4045, June 2020)

Guidance on Returning to Work

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-06)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

This guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards.... In addition, the Act's General Duty Clause, Section 5(a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

Enforcement: as the general duty clause and standards provide

Citation: Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013) Open the exhibit

Ex. DUT-FED-015

Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)

OSHA Inspection Detail 1472736, Smithfield Packaged Meats Corp.

OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), United States (South Dakota) (Federal)

Dates: Standing (2020-09-09)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311611/Animal (except Poultry) Slaughtering... Inspection Type: Complaint... Initial Violations 1 [Serious]... Initial Penalty $13,494.

Enforcement: $13,494 proposed

Citation: OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015) Open the exhibit

Ex. DUT-FED-016

Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)

OSHA Inspection Detail 1475131, JBS Foods Inc.

OSHA, Denver Area Office (Inspection No. 1475131), United States (Colorado) (Federal)

Dates: Standing (2020-09-11)
Quarters: 2020 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 311612/Meat Processed from Carcasses... Initial Penalty $13,494... $2,121... $15,615.

Enforcement: $15,615 proposed

Citation: OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016) Open the exhibit

Ex. DUT-FED-017

Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)

OSHA Inspection Detail 1501560, Midwest Warehouse and Distribution

OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), United States (Illinois) (Federal)

Dates: Standing (2021-04-22)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 493110/General Warehousing and Storage... Initial Penalty $12,288... Current Penalty $10,788.

Enforcement: $12,288 proposed; $10,788 assessed

Citation: OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017) Open the exhibit

Ex. DUT-FED-018

Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)

OSHA Inspection Detail 1505094, Somerset Dental Group

OSHA, Hartford Area Office (Inspection No. 1505094), United States (Connecticut) (Federal)

Dates: Standing (2021-04-15)
Quarters: 2020 Q42021 Q2
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 621210/Offices of Dentists... Initial Penalty $3,979... Current Penalty $2,785.

Enforcement: $3,979 proposed; $2,785 assessed

Citation: OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018) Open the exhibit

Ex. DUT-FED-019

Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)

OSHA Inspection Detail 1472908, Wintonbury Care Center

OSHA, Hartford Area Office (Inspection No. 1472908), United States (Connecticut) (Federal)

Dates: Standing (2020-10-09)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 623110/Nursing Care Facilities (Skilled Nursing Facilities)... Initial Penalty $13,494... $1,928... $15,422.

Enforcement: $15,422 proposed

Citation: OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019) Open the exhibit

Ex. DUT-FED-020

Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)

Common COVID-19 Citations

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2020-11-06)
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rules
Character: agency enforcement summary
Grade: Primary source read

.. complaints, referrals, or fatalities in industries such as: hospitals and healthcare, nursing homes and long term care settings, and meat/poultry processing facilities.... 1910.134(c)(1) The employer did not establish, implement, or update a written respiratory protection program with worksite-specific procedures.... 1904.39(a)(1) The employer did not report a fatality to OSHA within eight hours... 1910.132(d)(1) Note: these citations occurred in the healthcare sector...

Enforcement: as the standards provide

Citation: Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020) Open the exhibit

Ex. DUT-FED-021

Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)

OSHA Inspection Detail 1480762, Hackensack Meridian Health (Neptune)

OSHA, Avenel Area Office (Inspection No. 1480762), United States (New Jersey) (Federal)

Dates: Standing (2020-12-08)
Quarters: 2020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 622110/General Medical and Surgical Hospitals... 19100134 A02 12/08/2020... $13,494... 19040004 A 12/08/2020... $1,928.

Enforcement: $15,422 proposed

Citation: OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021) Open the exhibit

Ex. DUT-FED-022

Citation, United States Postal Service, Washington, DC (general duty clause)

OSHA Inspection Detail 1522210, U.S. Postal Service

OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), United States (District of Columbia) (Federal)

Dates: Standing (2021-04-20)
Quarters: 2021 Q2
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

NAICS: 491110/Postal Service... Initial Penalty... $11,704 [willful/repeat column]... $11,704.

Enforcement: $11,704 proposed

Citation: OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022) Open the exhibit

Ex. DUT-FED-023

42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)

§ 483.80 Infection control

Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesVaccination or testingStanding duty
Character: regulatory duty
Grade: Primary source read

(a)... The facility must establish and maintain an infection prevention and control program designed to provide a safe, sanitary, and comfortable environment and to help prevent the development and transmission of communicable diseases and infections.... (g) COVID-19 reporting. The facility must-- (1) Electronically report information about COVID-19 in a standardized format specified by the Secretary.... (h) COVID-19 Testing. The LTC facility must test residents and facility staff, including individuals providing services under arrangement and volunteers, for COVID-19.

Enforcement: 42 C.F.R. part 488, subpart F: civil money penalties, denial of payment, termination; QSO-20-29-NH sets CMPs for reporting failures; QSO-20-38-NH sets enforcement for testing failures (Exs. FED-161, -168)

Citation: Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023) Open the exhibit

Ex. DUT-FED-024

42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)

§ 482.42 Condition of participation: Infection prevention and control and antibiotic stewardship programs

Centers for Medicare & Medicaid Services (hospital condition of participation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Health care ordersWorkplace rulesStanding duty
Character: regulatory duty
Grade: Primary source read

The hospital must have active hospital-wide programs for the surveillance, prevention, and control of HAIs and other infectious diseases, and for the optimization of antibiotic use through stewardship.

Enforcement: 42 C.F.R. 489.53: termination of the provider agreement; QSO-20-31 and -35 enforcement (Exs. FED-165, -166)

Citation: Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024) Open the exhibit

Ex. DUT-FED-025

42 U.S.C. 247d-6d (PREP Act targeted liability protections)

Targeted liability protections for pandemic and epidemic products and security countermeasures

Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Standing dutyOther
Character: liability shield condition
Grade: Primary source read

(a)(1)... a covered person shall be immune from suit and liability under Federal and State law with respect to all claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a covered countermeasure if a declaration under subsection (b) has been issued with respect to such countermeasure.... (3) Certain conditions. Subject to the other provisions of this section, immunity under paragraph (1) with respect to a covered countermeasure applies only if-- (A) the countermeasure was administered or used during the effective period of the declaration...; (B) the countermeasure was administered or used for the category or categories of diseases... specified in the declaration; and (C) in addition, in the case of a covered person who is a program planner or qualified person with respect to the administration or use of the…

Enforcement: loss of immunity when the conditions are not met

Citation: Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025) Open the exhibit

Ex. DUT-FED-026

Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020)

Advisory Opinion 20-04 on the PREP Act and the Secretary's Declaration

Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), United States (Federal)

Dates: Standing (2020-10-23 (interpretive; states the Department's reading))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Other
Character: agency interpretation
Grade: Primary source read

In short, any individual or organization can potentially be a program planner and receive PREP Act coverage. So for example, private businesses, public and private transportation providers, public and private schools, and religious organizations are all eligible for PREP Act coverage when they act [in accordance with the Declaration]... a program planner can be a 'private sector employer or community group' that 'carries out the described activities.'... Such entities may also include businesses, schools, and places of worship.

Enforcement: loss of immunity when the Declaration's conditions are not met

Citation: Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026) Open the exhibit

Ex. DUT-FED-027

Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190

Fourth Amendment to the Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration

Secretary of Health and Human Services (Alex M. Azar II), United States (Federal)

Dates: Standing (2020-12-03 (effective through Oct. 1, 2024 as then stated))
Quarters: 2020 Q42021 Q12021 Q22021 Q3
Limitations: Vaccination or testingOther
Character: liability shield condition
Grade: Primary source read

(g) Makes explicit in Section IX that there can be situations where not administering a covered countermeasure to a particular individual can fall within the PREP Act and this Declaration's liability protections.... liability protections for all Covered Countermeasures... used in accordance with the public health and medical response of the Authority Having Jurisdiction...

Enforcement: loss of immunity outside the Declaration's conditions

Citation: Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027) Open the exhibit

Ex. DUT-FED-029

Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

SAFO 20009: COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews

Federal Aviation Administration, Flight Standards Service (with the CDC), United States (Federal)

Dates: Standing (2020-04-17)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementTravel and quarantineWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

A SAFO contains important safety information and may include recommended action. SAFO content should be especially valuable to air carriers in meeting their statutory duty to provide service with the highest possible degree of safety in the public interest.... Recommended Action: The FAA and CDC recommend and expect that all U.S.-based air carriers and crewmembers, all non-U.S.-based air carriers operating flights with a U.S. nexus, and all non-U.S.-based crewmembers on flights with a U.S. nexus implement and use their company-developed COVID-19 preparedness plans and procedures in conjunction with the FAA and CDC occupational health and safety guidance in the attached appendix...

Enforcement: none in the SAFO

Citation: Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029) Open the exhibit

Ex. DUT-FED-030

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-09-08)
Quarters: 2020 Q32020 Q4
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

A.3. When may an ADA-covered employer take the body temperature of employees during the COVID-19 pandemic? Generally, measuring an employee's body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees' body temperature.... an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace... An employer may require employees to wear protective gear (for example, masks and gloves) and observe infection control practices (for example, regular hand washing and social distancing protocols).

Enforcement: none; the document defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030) Open the exhibit

Ex. DUT-FED-031

42 U.S.C. 12113 (ADA defenses; direct threat)

Defenses

Congress (Americans with Disabilities Act § 103), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: statutory framework
Grade: Primary source read

(b) Qualification standards. The term 'qualification standards' may include a requirement that an individual shall not pose a direct threat to the health or safety of other individuals in the workplace.

Enforcement: not applicable (a defense)

Citation: Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031) Open the exhibit

Ex. DUT-FED-032

29 C.F.R. 1630.2(r) (definition of direct threat)

§ 1630.2 Definitions

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(r) Direct Threat means a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation. The determination that an individual poses a 'direct threat' shall be based on an individualized assessment... based on a reasonable medical judgment that relies on the most current medical knowledge and/or on the best available objective evidence.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032) Open the exhibit

Ex. DUT-FED-033

29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)

§ 1630.15 Defenses

Equal Employment Opportunity Commission (regulation), United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rulesStanding duty
Character: regulatory framework
Grade: Primary source read

(b)(2) Direct threat as a qualification standard. The term 'qualification standard' may include a requirement that an individual shall not pose a direct threat to the health or safety of the individual or others in the workplace.

Enforcement: not applicable

Citation: Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033) Open the exhibit

Ex. DUT-FED-034

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)

Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-03-21)
Quarters: 2020 Q2
Limitations: Workplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of March 21, 2020: Updated cleaning and disinfection guidance; Updated best practices for conducting social distancing; Updated strategies and recommendations that can be implemented now to respond to COVID-19.... Employers should plan to respond in a flexible way... Actively encourage sick employees to stay home... Employees who have symptoms... should notify their supervisor and stay home.... Separate sick employees... Support respiratory etiquette and hand hygiene for employees, customers, and worksite visitors... Perform routine environmental cleaning and disinfection.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034) Open the exhibit

Ex. DUT-FED-035

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)

Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-06)
Quarters: 2020 Q22020 Q32020 Q42021 Q1
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Below are changes as of May 6, 2020: Updated strategies and recommendations for employers responding to COVID-19, including those seeking to resume normal or phased business operations: Conducting daily health checks; Conducting a hazard assessment of the workplace; Encouraging employees to wear cloth face coverings in the workplace, if appropriate; Implementing policies and practices for social distancing in the workplace; Improving the building ventilation system... personal protective equipment (PPE) that employers may use to help prevent the spread of COVID-19 in the workplace.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035) Open the exhibit

Ex. DUT-FED-037

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020

Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), United States (Federal)

Dates: Standing (2020-03-18)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

The President has declared a nationwide emergency pursuant to 42 U.S.C. § 5191(b)... Direct assistance means transportation and other relief services provided by a motor carrier or its driver(s) incident to the immediate restoration of essential services (such as medical care) or essential supplies (such as food and fuel)... [a driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return to the motor carrier's terminal or the driver's normal reporting location.

Enforcement: 49 U.S.C. 521(b) civil penalties for operating outside the relief's conditions

Citation: Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037) Open the exhibit

Ex. DUT-FED-060

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020)

Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the COVID-19 Pandemic

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-07-15)
Quarters: 2020 Q32020 Q4
Limitations: Face-covering requirementHealth care ordersWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 15, 2020... Recommended routine infection prevention and control (IPC) practices during the COVID-19 pandemic: CDC recommends using additional infection prevention and control practices during the COVID-19 pandemic, along with standard practices recommended as a part of routine healthcare delivery to all patients.... Respirators with exhalation valves are not recommended for source control and should not be used during surgical procedures...

Enforcement: none in the guidance; CMS conditions of participation supply the sanction for participating providers

Citation: Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060) Open the exhibit

Ex. DUT-FED-061

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-04-26)
Quarters: 2020 Q22020 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolationSupply chain
Character: agency guidance recommendation
Grade: Primary source read

CDC's Critical Infrastructure Guidance advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. All meat and poultry processing facilities developing plans for continuing operations in the setting of COVID-19 occurring among workers or in the surrounding community should (1) work directly with appropriate state and local public health officials and occupational safety and health professionals; (2) incorporate relevant aspects of CDC guidance, including but not limited to this document and the CDC's Critical Infrastructure Guidance; and (3) incorporate guidance from other authoritative sources or regulatory bodies as needed.

Enforcement: none in the guidance; the general duty clause supplied the sanction

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061) Open the exhibit

Ex. DUT-FED-062

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)

Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (Updated July 9, 2020)

Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), United States (Federal)

Dates: Standing (2020-07-09)
Quarters: 2020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

Updated July 9, 2020... critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic, have not had a positive test result for COVID-19, and additional precautions are implemented to protect them and the community.

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062) Open the exhibit

Ex. DUT-FED-063

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020)

Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-04-08)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesQuarantine and isolation
Character: agency guidance recommendation
Grade: Primary source read

critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.... Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work.... Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure.... Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.... Disinfect and Clean work spaces...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063) Open the exhibit

Ex. DUT-FED-064

Considerations for Restaurants and Bars (updated May 27, 2020)

Considerations for Restaurants and Bars

Centers for Disease Control and Prevention, United States (Federal)

Dates: Standing (2020-05-27)
Quarters: 2020 Q22020 Q3
Limitations: Capacity limitFace-covering requirementWorkplace rules
Character: agency guidance recommendation
Grade: Primary source read

Updated May 27, 2020. As restaurants and bars resume operations in some areas of the United States, CDC offers the following considerations for ways in which operators can protect employees, customers, and communities and slow the spread of COVID-19. Restaurants and bars can determine, in collaboration with state and local health officials, whether and how to implement these considerations...

Enforcement: none in the guidance

Citation: Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064) Open the exhibit

Ex. DUT-FED-065

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)

Emergency Declaration Under 49 CFR § 390.23 No. 2020-002

Federal Motor Carrier Safety Administration, United States (Federal)

Dates: Standing (2020-03-13)
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Travel and quarantineWorkplace rulesSupply chain
Character: emergency relief with mandatory conditio
Grade: Primary source read

an emergency exists that warrants an exemption from Parts 390 through 399 of the Federal Motor Carrier Safety Regulations... for motor carriers and drivers providing direct assistance in support of emergency relief efforts related to the COVID-19 outbreaks... Direct assistance terminates when a driver or commercial motor vehicle is used in interstate commerce to transport cargo or provide services that are not in support of emergency relief efforts... [the driver] must be permitted at least 10 consecutive hours off duty before the driver is required to return... Nothing contained in this Emergency Declaration shall be construed as an exemption from the controlled substances and alcohol use and testing requirements (49 CFR Part 382), the commercial driver's license requirements (49 CFR Part 383), the financial responsibility (insurance) requirements (49 CFR Part 387), the hazardous…

Enforcement: 49 U.S.C. 521(b)

Citation: Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065) Open the exhibit

Ex. DUT-FED-066

News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020)

U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic

Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, United States (Federal)

Dates: Standing
Quarters: 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitations: Workplace rules
Character: agency position statement
Grade: Primary source read

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) is reminding employers that it is illegal to retaliate against workers because they report unsafe and unhealthful working conditions during the coronavirus pandemic. Acts of retaliation can include terminations, demotions, denials of overtime or promotion, or reductions in pay or hours. 'Employees have the right to safe and healthy workplaces,' said Principal Deputy Assistant Secretary Loren Sweatt.

Enforcement: 29 U.S.C. 660(c)(2)

Citation: Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066) Open the exhibit

Ex. DUT-FED-067

News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)

U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations

Occupational Safety and Health Administration, national news release, United States (Federal)

Dates: Standing (2021-01-08)
Quarters: 2020 Q22020 Q32020 Q4
Limitations: Health care ordersWorkplace rules
Character: enforcement record
Grade: Primary source read

Since the start of the coronavirus pandemic through Dec. 31, 2020, the U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has issued citations arising from 300 inspections for violations relating to coronavirus, resulting in proposed penalties totaling $3,930,381. OSHA inspections have resulted in the agency citing employers for violations, including failures to: Implement a written respiratory protection program; Provide a medical evaluation, respirator fit test, training on the proper use of a respirator and personal protective equipment; Report an injury, illness or fatality; Record an injury or illness on OSHA recordkeeping forms; and Comply with the General Duty Clause of the Occupational Safety and Health Act of 1970.

Enforcement: as stated

Citation: Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067) Open the exhibit

Ex. DUT-FED-069

News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021)

US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19

Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), United States (Colorado) (Federal)

Dates: Standing (2021-10-01)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rules
Character: enforcement record
Grade: Primary source read

A federal workplace health investigation found that an auto insurance company ignored coronavirus safety requirements and allowed others displaying symptoms to work at the same Denver location where an employee died with COVID-19.... [OSHA] initiated an investigation on April 21, 2021, and found Fred Loya Insurance Agency Inc. did not safely distance employees, failed to implement a health and safety plan and allowed symptomatic workers to remain on site. The company faces $23,406 in proposed penalties.

Enforcement: $23,406 proposed

Citation: Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069) Open the exhibit

Ex. DUT-FED-070

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated Dec. 16, 2020)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2020-12-16)
Quarters: 2020 Q42021 Q12021 Q2
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take screening steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before initially permitting them to enter the workplace and/or periodically to determine if their presence in the workplace poses a direct threat to others.... An employer may exclude those with COVID-19, or symptoms associated with COVID-19, from the workplace because, as EEOC has stated, their presence would pose a direct threat to the health or safety of others.

Enforcement: none; defines what the ADA permits

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070) Open the exhibit

Ex. DUT-FED-071

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)

What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (updated May 28, 2021)

Equal Employment Opportunity Commission (technical assistance), United States (Federal)

Dates: Standing (2021-05-28)
Quarters: 2021 Q22021 Q3
Limitations: Workplace rulesVaccination or testingQuarantine and isolation
Character: agency guidance permissive
Grade: Primary source read

Updated on May 28, 2021.... K.1. Under the ADA, Title VII, and other federal employment nondiscrimination laws, may an employer require all employees physically entering the workplace to be vaccinated for COVID-19? (5/28/21) The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.

Enforcement: none

Citation: Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071) Open the exhibit

Ex. DUT-FED-072

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)

Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (updated June 10, 2021)

Occupational Safety and Health Administration, United States (Federal)

Dates: Standing (2021-06-10)
Quarters: 2021 Q22021 Q3
Limitations: Face-covering requirementWorkplace rulesVaccination or testing
Character: agency guidance recommendation
Grade: Primary source read

Unless otherwise required by federal, state, local, tribal, or territorial laws, rules, and regulations, most employers no longer need to take steps to protect their fully vaccinated workers who are not otherwise at-risk from COVID-19 exposure.... CDC advises that most fully vaccinated people can resume activities without wearing masks or physically distancing, except where required by federal, state, local, tribal, or territorial laws, rules and regulations, including local business and workplace guidance.

Enforcement: as the general duty clause provides

Citation: Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072) Open the exhibit

Ex. DUT-FED-073

Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)

Decision and Order, OSHRC Docket No. 21-0432 (Liberty Tax Service, Lynn, Massachusetts)

Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, United States (Occupational Safety and Health Review Commission) (Court)

Dates: Standing (2022-06-06)
Quarters: 2021 Q12021 Q2
Limitations: Face-covering requirementWorkplace rules
Character: adjudication
Grade: Primary source read

As a result of the inspection OSHA issued a Citation and Notification of Penalty (Citation) on April 8, 2021, for an alleged willful violation of section 5(a)(1) (general duty clause) of the OSH Act with a proposed penalty of $136,532. The Citation alleged Respondent had not protected its employees from the recognized hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), the virus that causes COVID-19.... For the reasons set forth below, the undersigned affirms the willful violation of the General Duty Clause and assesses a penalty of $95,500.... As set forth above, the Secretary has proved Respondent violated section 5(a)(1) of the Act... ORDER... Citation 1, Item 1, alleging a Willful violation of section 5 (a)(1) of the OSH Act is AFFIRMED and a penalty of $95,500 is ASSESSED.

Enforcement: $95,500 assessed (of $136,532 proposed)

Citation: Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073) Open the exhibit

6. Partial suspension, element by element, for this business

This section applies the five-step test of section 3 to a business in Oregon with the instruments this report found for the quarters selected and no others: the order; the function of the business it reached; the change it compelled, in its own words; the days of the quarter on which it was in force; and the statute's answer. Where the Library holds only federal-layer and standing-duty instruments for a quarter, the section says so and applies the test to those instruments.

Second quarter of 2020 (Apr. 1, 2020 to June 30, 2020; orders from Mar. 13, 2020)

Step one, the orders. In the second quarter of 2020 the Library holds 251 instruments in force for this selection: 26 instruments from the State of Oregon (Governor Kate Brown, Executive Order 20-25 (May 14, 2020) (Ex. OR-017); Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020); Governor Kate Brown, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007); and 23 more), 9 instruments from the agencies, boards and authorities of Oregon (Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065); Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon Liquor Control Commission, OLCC COVID-19 Alcohol FAQ's (as of April 8, 2020) (Apr. 8, 2020) (Ex. AGY-ST-ALCOHOL-093); and 6 more), 179 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190); and 176 more) and 37 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 35 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. OR-007); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); CB customer base (Ex. OR-017); CL court process (Ex. OR-006); PM property management (Ex. OR-006); all functions (Ex. OR-001); BA (Ex. AGY-ST-ALCOHOL-092); CB (Ex. AGY-ST-ALCOHOL-092); CT courts (Ex. OR-009); DR dining room (Ex. OR-003).

Step three, the change compelled. Governor Kate Brown, Executive Order 20-25 (May 14, 2020) (Ex. OR-017) ordered: "2.... It is essential... that individuals continue to stay at or near their home or place of residence, whenever possible.... 3. a. All cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings outside of a home or place of residence…" Enforcement: Para. 23: ORS 401.192(1) full force and effect of law, inconsistent laws, ordinances, rules and orders inoperative; para. 24: this order 'and any guidance… Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020) ordered: "3. a. Cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings of more than 10 people outside of a home or place of residence are prohibited.... 4.... businesses must comply with any applicable OHA guidance, including but not limited…" Enforcement: Para. 25 legal effect (ORS 401.192(1)); para. 26 as quoted; closure until compliance (para. 5(d)) Governor Kate Brown, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007) ordered: "1. It is essential to the health, safety, and welfare of the State of Oregon during the ongoing state of emergency that, to the maximum extent possible, individuals stay at home or at their place of residence... a. Non-essential social and recreational gatherings of individuals outside of a home or…" Enforcement: Para. 1(e): failure to comply 'constitutes an imminent threat and creates an immediate danger to public health'; para. 24: public health law under ORS 431A.005… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Mar. 13, 2020 to June 30, 2020, 110 days. Executive Order 20-25 (Ex. OR-017) was in force from May 15, 2020 to June 5, 2020, 22 of the quarter's 110 days; Executive Order 20-27 (Ex. OR-020) was in force from June 5, 2020 to Dec. 3, 2020, 26 of the quarter's 110 days; Executive Order 20-12 (Ex. OR-007) was in force from Mar. 23, 2020 to May 14, 2020, 53 of the quarter's 110 days. Of the 35 instruments in the quarter's record, 1 was in force on its first day, 19 on its last day and 1 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2020 (July 1, 2020 to Sept. 30, 2020)

Step one, the orders. In the third quarter of 2020 the Library holds 227 instruments in force for this selection: 17 instruments from the State of Oregon (Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020); Governor Kate Brown, Executive Order 20-16 (Apr. 15, 2020) (Ex. OR-012); Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013); and 14 more), 6 instruments from the agencies, boards and authorities of Oregon (Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065); Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); and 3 more), 163 federal instruments (The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192); CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097); CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); and 160 more) and 41 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 39 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. OR-013); all functions (Ex. OR-001); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); AC athletics (Ex. OR-021); FP farm production and harvest (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); HR (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065); PM property management (Ex. OR-024); SC (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065); SV collections (Ex. OR-024); AD enrollment (Ex. OR-013).

Step three, the change compelled. Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020) ordered: "3. a. Cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings of more than 10 people outside of a home or place of residence are prohibited.... 4.... businesses must comply with any applicable OHA guidance, including but not limited…" Enforcement: Para. 25 legal effect (ORS 401.192(1)); para. 26 as quoted; closure until compliance (para. 5(d)) Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065) ordered: "Beginning May 11, all airlines serving PDX will require their passengers to wear face coverings while traveling.... All PDX airline lounges are closed at this time.... The PDX Conference Center has temporarily suspended operations (effective March 17). The children's play areas are closed (as of…" Enforcement: EO 20-07 and 20-12 penalties (ORS 401.990); airline conditions of carriage; Port employee rule; construction safety-plan condition Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) ordered: "Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product" Enforcement: ORS 471.315 (suspension, cancellation) The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2020 to Sept. 30, 2020, 92 days. Executive Order 20-27 (Ex. OR-020) was in force from June 5, 2020 to Dec. 3, 2020, 92 of the quarter's 92 days; OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For… (Ex. AGY-ST-ALCOHOL-092) was in force from Mar. 17, 2020 to Apr. 1, 2022, 92 of the quarter's 92 days; Executive Order 20-16 (Ex. OR-012) was in force from Apr. 15, 2020 to Sept. 1, 2020, 63 of the quarter's 92 days. Of the 23 instruments in the quarter's record, 17 were in force on its first day, 18 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Fourth quarter of 2020 (Oct. 1, 2020 to Dec. 31, 2020)

Step one, the orders. In the fourth quarter of 2020 the Library holds 237 instruments in force for this selection: 23 instruments from the State of Oregon (Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020); Governor Kate Brown, Executive Order 20-65 (Nov. 17, 2020) (Ex. OR-033); Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035); and 20 more), 6 instruments from the agencies, boards and authorities of Oregon (Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m, Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052); and 3 more), 160 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027); and 157 more) and 48 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 46 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. OR-013); all functions (Ex. OR-001); DR dining (Ex. OR-031); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051); PM property management (Ex. OR-024); SV collections (Ex. OR-024); AC athletics (Ex. OR-021); CL FED court process (Ex. OR-028); DR indoor dining prohibited at Extreme Risk (Ex. OR-035); FP farm production (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052).

Step three, the change compelled. Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020) ordered: "3. a. Cultural, civic, and faith-based gatherings of more than 25 people are prohibited.... b. Social and recreational gatherings of more than 10 people outside of a home or place of residence are prohibited.... 4.... businesses must comply with any applicable OHA guidance, including but not limited…" Enforcement: Para. 25 legal effect (ORS 401.192(1)); para. 26 as quoted; closure until compliance (para. 5(d)) Governor Kate Brown, Executive Order 20-65 (Nov. 17, 2020) (Ex. OR-033) ordered: "1. Effective date: This Executive Order is effective Wednesday November 18 through Wednesday December 2, unless extended or terminated earlier by the Governor.... 3. a. At home and social gatherings, as defined in OHA guidance, are limited to a maximum of 6 people, from not more than two households.…" Enforcement: OHA guidance 'part of the directives of this Executive Order'; public health law (ORS 431A.010, civil penalties to $500 per day); ORS 401.990 Class C… Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035) ordered: "1.... Executive Orders 20-27 and 20-65 are rescinded, and replaced by the directives in this Executive Order. 2. a. I delegate to OHA the authority to develop and issue, and from time to time revise, binding guidance for the public, for employers, and for particular sectors of the economy, to…" Enforcement: Para. 10: public health laws enforceable under ORS 431A.010 'including but not limited to enforcement via civil penalties..., which has a statutory maximum fine… The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Oct. 1, 2020 to Dec. 31, 2020, 92 days. Executive Order 20-27 (Ex. OR-020) was in force from June 5, 2020 to Dec. 3, 2020, 64 of the quarter's 92 days; Executive Order 20-65 (Ex. OR-033) was in force from Nov. 18, 2020 to Dec. 2, 2020, 15 of the quarter's 92 days; Executive Order 20-66 (Ex. OR-035) was in force from Dec. 3, 2020 to June 30, 2021, 29 of the quarter's 92 days. Of the 29 instruments in the quarter's record, 18 were in force on its first day, 20 on its last day and 12 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the fourth quarter of 2020 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

First quarter of 2021 (Jan. 1, 2021 to Mar. 31, 2021)

Step one, the orders. In the first quarter of 2021 the Library holds 237 instruments in force for this selection: 16 instruments from the State of Oregon (Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035); Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062); Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013); and 13 more), 2 instruments from the agencies, boards and authorities of Oregon (Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA, Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents (Dec. 11, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-018)), 175 federal instruments (CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157); Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); and 172 more) and 44 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 42 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. OR-013); all functions (Ex. OR-001); AC athletics (Ex. OR-021); DR indoor dining prohibited at Extreme Risk (Ex. OR-035); GATH indoor social six (Ex. OR-035); IN in-person instruction (Ex. OR-021); OP offices (Ex. OR-025); PM property management (Ex. OR-024); SV collections (Ex. OR-024); WS faith 25 percent or 100 at Extreme (Ex. OR-035).

Step three, the change compelled. Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035) ordered: "1.... Executive Orders 20-27 and 20-65 are rescinded, and replaced by the directives in this Executive Order. 2. a. I delegate to OHA the authority to develop and issue, and from time to time revise, binding guidance for the public, for employers, and for particular sectors of the economy, to…" Enforcement: Para. 10: public health laws enforceable under ORS 431A.010 'including but not limited to enforcement via civil penalties..., which has a statutory maximum fine… Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) ordered: "Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product" Enforcement: ORS 471.315 (suspension, cancellation) Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013) ordered: "Any childcare facility licensed or program recorded under ORS 329A.030 and ORS 329A.250 to ORS 329A.450 ("childcare facility") not approved by the Department of Education, Early Learning Division, Office of Child Care ("ELD") to operate as an emergency childcare facility must remain closed....…" Enforcement: ORS 401.192(1); ELD approval conditions; ORS 401.990 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from Jan. 1, 2021 to Mar. 31, 2021, 90 days. Executive Order 20-66 (Ex. OR-035) was in force from Dec. 3, 2020 to June 30, 2021, 90 of the quarter's 90 days; OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework… (Ex. OR-062) was in force from Dec. 3, 2020 to June 29, 2021, 90 of the quarter's 90 days; OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For… (Ex. AGY-ST-ALCOHOL-092) was in force from Mar. 17, 2020 to Apr. 1, 2022, 90 of the quarter's 90 days. Of the 18 instruments in the quarter's record, 16 were in force on its first day, 16 on its last day and 14 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the first quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Second quarter of 2021 (Apr. 1, 2021 to June 30, 2021)

Step one, the orders. In the second quarter of 2021 the Library holds 236 instruments in force for this selection: 19 instruments from the State of Oregon (Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035); Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062); Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013); and 16 more), 6 instruments from the agencies, boards and authorities of Oregon (Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054); and 3 more), 165 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334); and 162 more) and 46 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 44 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF workforce (Ex. OR-013); FP farm production (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); all functions (Ex. OR-001); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); OP offices (Ex. OR-025); DR indoor dining prohibited at Extreme Risk (Ex. OR-035); GATH indoor social six (Ex. OR-035); HR (Ex. AGY-ST-LABOR-WORKPLACE-018); IN in-person instruction (Ex. OR-021); PF production floor (Ex. OR-032).

Step four, the quarter. The quarter's record runs from Apr. 1, 2021 to June 30, 2021, 91 days. Executive Order 20-66 (Ex. OR-035) was in force from Dec. 3, 2020 to June 30, 2021, 91 of the quarter's 91 days; OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework… (Ex. OR-062) was in force from Dec. 3, 2020 to June 29, 2021, 90 of the quarter's 91 days; OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For… (Ex. AGY-ST-ALCOHOL-092) was in force from Mar. 17, 2020 to Apr. 1, 2022, 91 of the quarter's 91 days. Of the 25 instruments in the quarter's record, 15 were in force on its first day, 19 on its last day and 10 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the second quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

Third quarter of 2021 (July 1, 2021 to Sept. 30, 2021)

Step one, the orders. In the third quarter of 2021 the Library holds 231 instruments in force for this selection: 18 instruments from the State of Oregon (Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057); Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001); Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064); and 15 more), 6 instruments from the agencies, boards and authorities of Oregon (Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092); Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054); and 3 more), 167 federal instruments (Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290); U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398); Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031); and 164 more) and 40 standing duties (Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001); Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002); and 38 more). Each is an order, proclamation, rule or decree of a governmental authority with jurisdiction over the place or the trade, and each is listed in section 5 with its exhibit.

Step two, the function reached. The instruments reached these functions, in the Library's own labels: WF (Ex. AGY-ST-LABOR-WORKPLACE-020); WF workforce (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); FP farm production (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); LB labor housing (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053); HR (Ex. AGY-ST-LABOR-WORKPLACE-020); ML mortgage lending (Ex. OR-042); OP offices (Ex. OR-041); PF production floor (Ex. OR-041); SV servicing and foreclosure (Ex. OR-042); all functions (Ex. OR-001).

Step three, the change compelled. Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092) ordered: "Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store - For Consumer Pickup and Delivery to Consumer... Container Type, Size & Volume Limitations for Consumer Pickup at the Premises for Consuming Off-Premises... Factory-sealed and must be listed product" Enforcement: ORS 471.315 (suspension, cancellation) Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) ordered: "OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions take effect April 30, 2021, and remain in effect until revised or repealed.... The Executive Order [20-58] expired on April 30, 2021. In order to extend…" Enforcement: ORS 654.071, 654.086 (Oregon OSHA citations and civil penalties) Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) ordered: "Changes to Rules Addressing the COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Temporary Rulemaking. Adopted Amendments. June 2021.... OAR 437-004-1115 - COVID-19 Workplace Requirements for Employer-Provided Labor Housing. Note: Unless otherwise indicated, the rule's provisions…" Enforcement: ORS 654.071, 654.086 The operative words of every other instrument of the quarter are quoted in section 5.

Step four, the quarter. The quarter's record runs from July 1, 2021 to Sept. 30, 2021, 92 days. OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For… (Ex. AGY-ST-ALCOHOL-092) was in force from Mar. 17, 2020 to Apr. 1, 2022, 92 of the quarter's 92 days; Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for… (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053) was in force from Apr. 30, 2021 to Oct. 24, 2021, 92 of the quarter's 92 days; Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace… (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054) was in force from June 30, 2021 to Oct. 24, 2021, 92 of the quarter's 92 days. Of the 24 instruments in the quarter's record, 10 were in force on its first day, 19 on its last day and 9 on every day of the quarter.

Step five, the statute's answer. Each function named in step two is a portion of the operation of the business; each change compelled in step three is a delay, interruption or termination of that portion; and but for the orders, no law required it. On the definitions the United States agreed to and the court adopted in Tri-State, the operation was partially suspended during the third quarter of 2021 due to orders from an appropriate governmental authority limiting commerce, travel or group meetings due to COVID-19. The statute asks nothing further: not whether the business was essential or stayed open, not whether it could telework, not whose customers the orders addressed, and not for a percentage.

7. Exhibit list

Every instrument cited in this report, by exhibit identifier: 396 records, of which The COVID Project holds the document for 385. The record URL opens the instrument's page in the Library; the exhibit URL opens the document itself where it is held.

Exhibit	Instrument	Issuer	Date	Citation	Record URL	Exhibit file
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020	Temporary rule closing recreational hunting, fishing, crabbing and clamming to non-residents (announced by news release 'Oregon closes recreational hunting and…	Oregon Department of Fish and Wildlife (Director Curt Melcher), by temporary rule	Apr. 9, 2020	Oregon Department of Fish and Wildlife (Director Curt Melcher), by temporary rule, Temporary rule closing recreational hunting, fishing, crabbing and clamming to non-residents (announced by news release 'Oregon closes recreational hunting and fishing to non-residents to limit travel amid COVID-19 restrictions: Regulation takes effect Friday night (April 10)') (Apr. 9, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-020
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051	Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and…	Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020	Apr. 28, 2020	Oregon OSHA (Administrator Michael Wood), Administrative Order 2-2020, Administrative Order 2-2020, Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (OAR 437-004-1110 field sanitation and 437-004-1120 labor housing superseded in part; new temporary rule text) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-051
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052	Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020)	Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m.	Apr. 28, 2020	Oregon OSHA; filed with the Secretary of State Apr. 28, 2020, 5:19 p.m, Temporary Administrative Order OSHA 2-2020, filing certificate with Statement of Need and Justification (effective 04/28/2020 through 10/24/2020) (Apr. 28, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-052
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053	Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule)	Oregon OSHA, Administrative Order 1-2021	Apr. 30, 2021	Oregon OSHA, Administrative Order 1-2021, Administrative Order 1-2021, OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing (temporary rule) (Apr. 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-053
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054	Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing)	Oregon OSHA, Administrative Order 4-2021	June 30, 2021	Oregon OSHA, Administrative Order 4-2021, Administrative Order 4-2021, temporary amendments to OAR 437-004-1115 (COVID-19 Workplace Requirements for Employer-Provided Labor Housing) (June 30, 2021) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-054
Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055	Temporary Rule Enforcement Memorandum, 'Interim Guidance Related to Temporary Rules Adopted in Response to the COVID-19 Emergency' (enforcement of AO 2-2020…	Oregon OSHA Administrator Michael Wood, memorandum to enforcement and consultation staff	May 8, 2020	Oregon OSHA Administrator Michael Wood, memorandum to enforcement and consultation staff, Temporary Rule Enforcement Memorandum, 'Interim Guidance Related to Temporary Rules Adopted in Response to the COVID-19 Emergency' (enforcement of AO 2-2020 delayed to June 1, 2020; variances; ceiling-height relaxation) (May 8, 2020) (Ex. AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055)	/library/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055	/exhibit/AGY-ST-AGRICULTURE-PARKS-WILDLIFE-055
Ex. AGY-ST-ALCOHOL-092	OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer	Oregon Liquor Control Commission	Mar. 20, 2020	Oregon Liquor Control Commission, OLCC, Off-Premises Sales Privileges by Alcohol License and Retail Liquor Store: For Consumer Pickup and Delivery to Consumer (Mar. 20, 2020) (Ex. AGY-ST-ALCOHOL-092)	/library/AGY-ST-ALCOHOL-092	/exhibit/AGY-ST-ALCOHOL-092
Ex. AGY-ST-ALCOHOL-093	OLCC COVID-19 Alcohol FAQ's (as of April 8, 2020)	Oregon Liquor Control Commission	Apr. 8, 2020	Oregon Liquor Control Commission, OLCC COVID-19 Alcohol FAQ's (as of April 8, 2020) (Apr. 8, 2020) (Ex. AGY-ST-ALCOHOL-093)	/library/AGY-ST-ALCOHOL-093	/exhibit/AGY-ST-ALCOHOL-093
Ex. AGY-ST-LABOR-WORKPLACE-016	Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive…	Oregon OSHA (Michael Wood, Administrator)	Apr. 28, 2020	Oregon OSHA (Michael Wood, Administrator), Oregon OSHA Administrative Order 2-2020 (temporary rule): Temporary rule addressing the COVID-19 emergency in employer-provided housing, labor-intensive agricultural operations, and agricultural transportation (amending OAR 437-004-1120 and related Division 4 rules), text of adopted rule (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-016)	/library/AGY-ST-LABOR-WORKPLACE-016	/exhibit/AGY-ST-LABOR-WORKPLACE-016
Ex. AGY-ST-LABOR-WORKPLACE-017	Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division…	Oregon OSHA; filed with the Oregon Secretary of State	Apr. 28, 2020	Oregon OSHA; filed with the Oregon Secretary of State, Temporary Administrative Order OSHA 2-2020, filing receipt, statement of need and justification, and list of rules adopted or amended (OAR chapter 437, Division 4) (Apr. 28, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-017)	/library/AGY-ST-LABOR-WORKPLACE-017	/exhibit/AGY-ST-LABOR-WORKPLACE-017
Ex. AGY-ST-LABOR-WORKPLACE-018	Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with…	Oregon OSHA	Dec. 11, 2020	Oregon OSHA, Oregon OSHA Administrative Order 4-2020 (temporary): refiling of OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, to correct scriveners' errors, with certificate and filing documents (Dec. 11, 2020) (Ex. AGY-ST-LABOR-WORKPLACE-018)	/library/AGY-ST-LABOR-WORKPLACE-018	/exhibit/AGY-ST-LABOR-WORKPLACE-018
Ex. AGY-ST-LABOR-WORKPLACE-019	Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule	Oregon OSHA	May 4, 2021	Oregon OSHA, Oregon OSHA Administrative Order 1-2021 (permanent): OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, text of adopted rule (May 4, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-019)	/library/AGY-ST-LABOR-WORKPLACE-019	/exhibit/AGY-ST-LABOR-WORKPLACE-019
Ex. AGY-ST-LABOR-WORKPLACE-020	Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing…	Oregon OSHA	June 30, 2021	Oregon OSHA, Oregon OSHA Administrative Order 4-2021 (temporary): amendments to OAR 437-004-1115, COVID-19 Workplace Requirements for Employer-Provided Labor Housing, aligning with the Governor's June 30, 2021 lifting of general restrictions (Ex. AGY-ST-LABOR-WORKPLACE-020)	/library/AGY-ST-LABOR-WORKPLACE-020	/exhibit/AGY-ST-LABOR-WORKPLACE-020
Ex. AGY-ST-LABOR-WORKPLACE-021	Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and…	Oregon OSHA	Sept. 14, 2021	Oregon OSHA, Oregon OSHA Administrative Order 12-2021 (temporary): Medical Removal Protection Benefits in OAR 437-001-0744, Rule Addressing COVID-19 Workplace Risks, and enforcement of OHA's OAR 333-019-1025 masking requirements for indoor and outdoor spaces (Sept. 14, 2021) (Ex. AGY-ST-LABOR-WORKPLACE-021)	/library/AGY-ST-LABOR-WORKPLACE-021	/exhibit/AGY-ST-LABOR-WORKPLACE-021
Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065	FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working…	Port of Portland (owner and operator of PDX)	May 11, 2020	Port of Portland (owner and operator of PDX), FlyPDX 'Coronavirus News & Updates' (captured May 12, 2020): all airlines serving PDX require passenger face coverings from May 11, 2020; all Port staff working at PDX must wear face coverings; airline lounges closed; PDX Conference Center suspended (Mar. 17); children's play areas closed (Mar. 18); TSA screening consolidated to the D/E checkpoint (Mar. 22); USO and CBP Trusted Traveler Enrollment Center suspended (to at least June 1); sit-down restaurants restricted to takeout under the Governor's order; 40-plus shops and restaurants closed temporarily; JetBlue suspended to June 30; Hawaiian suspended under Hawaii's quarantine order; WestJet and Air Canada suspended under border restrictions; Volaris not operating in May; airline rent deferrals and concession minimum-rent suspensions (Ex. AGY-ST-TRANSPORT-PORTS-TRANSIT-065)	/library/AGY-ST-TRANSPORT-PORTS-TRANSIT-065	/exhibit/AGY-ST-TRANSPORT-PORTS-TRANSIT-065
Ex. DUT-FED-001	29 U.S.C. 654 (OSH Act § 5, the general duty clause)	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593)	standing	Congress (Occupational Safety and Health Act of 1970, § 5, Pub. L. 91-596, 84 Stat. 1593), 29 U.S.C. 654 (OSH Act § 5, the general duty clause) (standing) (Ex. DUT-FED-001)	/library/DUT-FED-001	/exhibit/DUT-FED-001
Ex. DUT-FED-002	29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation)	Congress (OSH Act § 11(c))	standing	Congress (OSH Act § 11(c)), 29 U.S.C. 660(c) (OSH Act § 11(c), anti-retaliation) (standing) (Ex. DUT-FED-002)	/library/DUT-FED-002	/exhibit/DUT-FED-002
Ex. DUT-FED-003	29 C.F.R. 1910.132 (personal protective equipment, general requirements)	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655)	standing	Occupational Safety and Health Administration (standard promulgated under 29 U.S.C. 655), 29 C.F.R. 1910.132 (personal protective equipment, general requirements) (standing) (Ex. DUT-FED-003)	/library/DUT-FED-003	/exhibit/DUT-FED-003
Ex. DUT-FED-004	29 C.F.R. 1910.134 (respiratory protection)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.134 (respiratory protection) (standing) (Ex. DUT-FED-004)	/library/DUT-FED-004	/exhibit/DUT-FED-004
Ex. DUT-FED-005	29 C.F.R. 1910.141 (sanitation)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.141 (sanitation) (standing) (Ex. DUT-FED-005)	/library/DUT-FED-005	/exhibit/DUT-FED-005
Ex. DUT-FED-006	29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. part 1904 (recording and reporting occupational injuries and illnesses), §§ 1904.4, 1904.5, 1904.7, 1904.39 (standing) (Ex. DUT-FED-006)	/library/DUT-FED-006	/exhibit/DUT-FED-006
Ex. DUT-FED-007	29 C.F.R. 1910.1030 (bloodborne pathogens)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, 29 C.F.R. 1910.1030 (bloodborne pathogens) (standing) (Ex. DUT-FED-007)	/library/DUT-FED-007	/exhibit/DUT-FED-007
Ex. DUT-FED-008	29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2)	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c))	standing	Occupational Safety and Health Administration (interpretive regulations under OSH Act § 11(c)), 29 C.F.R. part 1977 (discrimination against employees exercising rights under the OSH Act), § 1977.12(b)(2) (standing) (Ex. DUT-FED-008)	/library/DUT-FED-008	/exhibit/DUT-FED-008
Ex. DUT-FED-009	OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2)	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards')	standing	Occupational Safety and Health Administration (agency web publication, COVID-19 Safety and Health Topics, 'Standards'), OSHA COVID-19 'Standards' page (statement of the general duty clause and the standing standards applicable to SARS-CoV-2) (standing) (Ex. DUT-FED-009)	/library/DUT-FED-009	/exhibit/DUT-FED-009
Ex. DUT-FED-010	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021)	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a))	standing	Occupational Safety and Health Administration (issued under Executive Order 13999 § 2(a)), Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (posted Jan. 29, 2021) (Ex. DUT-FED-010)	/library/DUT-FED-010	/exhibit/DUT-FED-010
Ex. DUT-FED-011	Protecting Workers guidance, as updated August 13, 2021	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers guidance, as updated August 13, 2021 (Aug. 13, 2021) (Ex. DUT-FED-011)	/library/DUT-FED-011	/exhibit/DUT-FED-011
Ex. DUT-FED-013	Guidance on Returning to Work (OSHA 4045, June 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Guidance on Returning to Work (OSHA 4045, June 2020) (June 17, 2020) (Ex. DUT-FED-013)	/library/DUT-FED-013	/exhibit/DUT-FED-013
Ex. DUT-FED-015	Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation)	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736)	standing	OSHA, Sioux Falls Area Office (enforcement record: inspection detail, Inspection No. 1472736), Citation and Notification of Penalty, Smithfield Packaged Meats Corp., Sioux Falls, SD (general duty clause, one serious violation) (Sept. 9, 2020) (Ex. DUT-FED-015)	/library/DUT-FED-015	/exhibit/DUT-FED-015
Ex. DUT-FED-016	Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious)	OSHA, Denver Area Office (Inspection No. 1475131)	standing	OSHA, Denver Area Office (Inspection No. 1475131), Citation and Notification of Penalty, JBS Foods Inc. (Swift Beef Co.), Greeley, CO (general duty clause, serious; plus other-than-serious) (Sept. 11, 2020) (Ex. DUT-FED-016)	/library/DUT-FED-016	/exhibit/DUT-FED-016
Ex. DUT-FED-017	Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause)	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560)	standing	OSHA, Naperville/Chicago North Area Office (Inspection No. 1501560), Citation, Midwest Warehouse and Distribution System Inc., Naperville, IL (general duty clause) (Apr. 22, 2021) (Ex. DUT-FED-017)	/library/DUT-FED-017	/exhibit/DUT-FED-017
Ex. DUT-FED-018	Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection)	OSHA, Hartford Area Office (Inspection No. 1505094)	standing	OSHA, Hartford Area Office (Inspection No. 1505094), Citation, Somerset Dental Group, Glastonbury, CT (respiratory protection) (Apr. 15, 2021) (Ex. DUT-FED-018)	/library/DUT-FED-018	/exhibit/DUT-FED-018
Ex. DUT-FED-019	Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting)	OSHA, Hartford Area Office (Inspection No. 1472908)	standing	OSHA, Hartford Area Office (Inspection No. 1472908), Citation, Wintonbury Care Center, Bloomfield, CT (respiratory protection; reporting) (Oct. 9, 2020) (Ex. DUT-FED-019)	/library/DUT-FED-019	/exhibit/DUT-FED-019
Ex. DUT-FED-020	Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Common COVID-19 Citations: Helping Employers Better Protect Workers and Comply with OSHA Regulations (Nov. 2020) (standing) (Ex. DUT-FED-020)	/library/DUT-FED-020	/exhibit/DUT-FED-020
Ex. DUT-FED-021	Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping)	OSHA, Avenel Area Office (Inspection No. 1480762)	standing	OSHA, Avenel Area Office (Inspection No. 1480762), Citation, Hackensack Meridian Health Jersey Shore University Medical Center, Neptune, NJ (respiratory protection; recordkeeping) (Dec. 8, 2020) (Ex. DUT-FED-021)	/library/DUT-FED-021	/exhibit/DUT-FED-021
Ex. DUT-FED-022	Citation, United States Postal Service, Washington, DC (general duty clause)	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210)	standing	OSHA, Baltimore/Washington Area Office (Inspection No. 1522210), Citation, United States Postal Service, Washington, DC (general duty clause) (Apr. 20, 2021) (Ex. DUT-FED-022)	/library/DUT-FED-022	/exhibit/DUT-FED-022
Ex. DUT-FED-023	42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing)	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities)	standing	Centers for Medicare & Medicaid Services (condition of participation for long-term care facilities), 42 C.F.R. 483.80 (infection control; COVID-19 reporting; COVID-19 testing) (standing) (Ex. DUT-FED-023)	/library/DUT-FED-023	/exhibit/DUT-FED-023
Ex. DUT-FED-024	42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting)	Centers for Medicare & Medicaid Services (hospital condition of participation)	standing	Centers for Medicare & Medicaid Services (hospital condition of participation), 42 C.F.R. 482.42 (hospital infection prevention and control and antibiotic stewardship programs; COVID-19 reporting) (standing) (Ex. DUT-FED-024)	/library/DUT-FED-024	/exhibit/DUT-FED-024
Ex. DUT-FED-025	42 U.S.C. 247d-6d (PREP Act targeted liability protections)	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103)	standing	Congress (Public Readiness and Emergency Preparedness Act, Pub. L. 109-148, div. C, § 2 (2005), as amended by the CARES Act § 3103), 42 U.S.C. 247d-6d (PREP Act targeted liability protections) (standing) (Ex. DUT-FED-025)	/library/DUT-FED-025	/exhibit/DUT-FED-025
Ex. DUT-FED-026	Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23…	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel)	standing	Department of Health and Human Services, Office of the General Counsel (Robert P. Charrow, General Counsel), Advisory Opinion 20-04 on the Public Readiness and Emergency Preparedness Act and the Secretary's Declaration under the Act (Oct. 22, 2020, as modified Oct. 23, 2020) (standing) (Ex. DUT-FED-026)	/library/DUT-FED-026	/exhibit/DUT-FED-026
Ex. DUT-FED-027	Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190	Secretary of Health and Human Services (Alex M. Azar II)	standing	Secretary of Health and Human Services (Alex M. Azar II), Fourth Amendment to the Declaration Under the PREP Act for Medical Countermeasures Against COVID-19 and Republication of the Declaration, 85 Fed. Reg. 79190 (Dec. 3, 2020) (Ex. DUT-FED-027)	/library/DUT-FED-027	/exhibit/DUT-FED-027
Ex. DUT-FED-029	Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews	Federal Aviation Administration, Flight Standards Service (with the CDC)	standing	Federal Aviation Administration, Flight Standards Service (with the CDC), Safety Alert for Operators (SAFO) 20009, COVID-19: Updated Interim Occupational Health and Safety Guidance for Air Carriers and Crews (Apr. 17, 2020) (Ex. DUT-FED-029)	/library/DUT-FED-029	/exhibit/DUT-FED-029
Ex. DUT-FED-030	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (technical assistance Q&A, as updated Sept. 8, 2020) (Ex. DUT-FED-030)	/library/DUT-FED-030	/exhibit/DUT-FED-030
Ex. DUT-FED-031	42 U.S.C. 12113 (ADA defenses; direct threat)	Congress (Americans with Disabilities Act § 103)	standing	Congress (Americans with Disabilities Act § 103), 42 U.S.C. 12113 (ADA defenses; direct threat) (standing) (Ex. DUT-FED-031)	/library/DUT-FED-031	/exhibit/DUT-FED-031
Ex. DUT-FED-032	29 C.F.R. 1630.2(r) (definition of direct threat)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.2(r) (definition of direct threat) (standing) (Ex. DUT-FED-032)	/library/DUT-FED-032	/exhibit/DUT-FED-032
Ex. DUT-FED-033	29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard)	Equal Employment Opportunity Commission (regulation)	standing	Equal Employment Opportunity Commission (regulation), 29 C.F.R. 1630.15 (defenses; direct threat as a qualification standard) (standing) (Ex. DUT-FED-033)	/library/DUT-FED-033	/exhibit/DUT-FED-033
Ex. DUT-FED-034	Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) (as revised March 21, 2020) (Mar. 21, 2020) (Ex. DUT-FED-034)	/library/DUT-FED-034	/exhibit/DUT-FED-034
Ex. DUT-FED-035	Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020 (as revised May 6, 2020) (Ex. DUT-FED-035)	/library/DUT-FED-035	/exhibit/DUT-FED-035
Ex. DUT-FED-037	Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator)	standing	Federal Motor Carrier Safety Administration (Jim Mullen, Acting Administrator), Expanded Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Relating to COVID-19), March 18, 2020 (Mar. 18, 2020) (Ex. DUT-FED-037)	/library/DUT-FED-037	/exhibit/DUT-FED-037
Ex. DUT-FED-060	Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Infection Prevention and Control Recommendations for Healthcare Personnel During the Coronavirus Disease 2019 (COVID-19) Pandemic (updated July 15, 2020) (Ex. DUT-FED-060)	/library/DUT-FED-060	/exhibit/DUT-FED-060
Ex. DUT-FED-061	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and the Occupational Safety and Health Administration (OSHA) (Apr. 26, 2020) (Ex. DUT-FED-061)	/library/DUT-FED-061	/exhibit/DUT-FED-061
Ex. DUT-FED-062	Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020)	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint)	standing	Centers for Disease Control and Prevention and Occupational Safety and Health Administration (joint), Meat and Poultry Processing Workers and Employers: Interim Guidance from CDC and OSHA (updated July 9, 2020) (Ex. DUT-FED-062)	/library/DUT-FED-062	/exhibit/DUT-FED-062
Ex. DUT-FED-063	Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed…	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Interim Guidance for Implementing Safety Practices for Critical Infrastructure Workers Who May Have Had Exposure to a Person with Suspected or Confirmed COVID-19 (Apr. 8, 2020) (Ex. DUT-FED-063)	/library/DUT-FED-063	/exhibit/DUT-FED-063
Ex. DUT-FED-064	Considerations for Restaurants and Bars (updated May 27, 2020)	Centers for Disease Control and Prevention	standing	Centers for Disease Control and Prevention, Considerations for Restaurants and Bars (updated May 27, 2020) (Ex. DUT-FED-064)	/library/DUT-FED-064	/exhibit/DUT-FED-064
Ex. DUT-FED-065	Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020)	Federal Motor Carrier Safety Administration	standing	Federal Motor Carrier Safety Administration, Emergency Declaration Under 49 CFR § 390.23 No. 2020-002 (Mar. 13, 2020) (Ex. DUT-FED-065)	/library/DUT-FED-065	/exhibit/DUT-FED-065
Ex. DUT-FED-066	News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic…	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release	standing	Occupational Safety and Health Administration (Principal Deputy Assistant Secretary Loren Sweatt), national news release, News release, U.S. Department of Labor Reminds Employers That They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemic (Apr. 8, 2020) (standing) (Ex. DUT-FED-066)	/library/DUT-FED-066	/exhibit/DUT-FED-066
Ex. DUT-FED-067	News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021)	Occupational Safety and Health Administration, national news release	standing	Occupational Safety and Health Administration, national news release, News release, U.S. Department of Labor's OSHA Announces $3,930,381 In Coronavirus Violations (Jan. 8, 2021) (Ex. DUT-FED-067)	/library/DUT-FED-067	/exhibit/DUT-FED-067
Ex. DUT-FED-069	News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya…	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper)	standing	Occupational Safety and Health Administration, Region 8 (Denver Area Office; Area Director Amanda Kupper), News release, US Department of Labor cites insurance agency for exposing workers to coronavirus at Denver location where employee died with COVID-19 (Fred Loya Insurance Agency Inc.; Inspection No. 1528139; citation Oct. 1, 2021) (Oct. 7, 2021) (Ex. DUT-FED-069)	/library/DUT-FED-069	/exhibit/DUT-FED-069
Ex. DUT-FED-070	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated Dec. 16, 2020, adding Section K on vaccinations) (Ex. DUT-FED-070)	/library/DUT-FED-070	/exhibit/DUT-FED-070
Ex. DUT-FED-071	What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K)	Equal Employment Opportunity Commission (technical assistance)	standing	Equal Employment Opportunity Commission (technical assistance), What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws (as updated May 28, 2021, revising Section K) (Ex. DUT-FED-071)	/library/DUT-FED-071	/exhibit/DUT-FED-071
Ex. DUT-FED-072	Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021)	Occupational Safety and Health Administration	standing	Occupational Safety and Health Administration, Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace (as updated June 10, 2021) (Ex. DUT-FED-072)	/library/DUT-FED-072	/exhibit/DUT-FED-072
Ex. DUT-FED-073	Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022)	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney	standing	Occupational Safety and Health Review Commission, Chief Administrative Law Judge Covette Rooney, Secretary of Labor v. Ariana Murrell-Rosario d/b/a Liberty Tax Service, OSHRC Docket No. 21-0432, Decision and Order (June 6, 2022) (Ex. DUT-FED-073)	/library/DUT-FED-073	/exhibit/DUT-FED-073
Ex. DUT-OR-001	Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, oregonlegislature.gov, 2025 Edition), Statute: ORS chapter 433 (Disease and Condition Control), Oregon's communicable-disease control act: reportable diseases, investigation and control measures (433.004, 433.006); prohibition on spreading disease (433.010); isolation and quarantine of persons and isolation of premises, with law-enforcement assistance (433.121-433.156); public health emergency powers of the Governor and the Public Health Director (433.441-433.452); penalties (433.990) (standing) (Ex. DUT-OR-001)	/library/DUT-OR-001	/exhibit/DUT-OR-001
Ex. DUT-OR-002	Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2019 Edition, as captured by the Wayback Machine Oct. 17, 2020), Statute: ORS chapter 431A (Public Health Programs and Activities), sections 431A.005-431A.015: definitions of 'public health law' and 'public health measure'; power of the Oregon Health Authority and local public health administrators to enforce public health laws, with civil penalties; public health actions of the Public Health Director (standing) (Ex. DUT-OR-002)	/library/DUT-OR-002	/exhibit/DUT-OR-002
Ex. DUT-OR-003	Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 431 (State and Local Administration and Enforcement of Health Laws), sections 431.110, 431.150, 431.155, 431.157 and 431.413: the Oregon Health Authority's supervision of 'all matters relating to the preservation of life and health,' its duty and the local public health administrators' duty to enforce every public health law, and their power to restrain violations by injunction (standing) (Ex. DUT-OR-003)	/library/DUT-OR-003	/exhibit/DUT-OR-003
Ex. DUT-OR-004	Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 401 (Emergency Management and Services), the emergency-management act: declaration of a state of emergency (401.165); the Governor's police powers (401.168); rules and orders on commodities, services, industrial plants, labor and child care (401.188); the force of law of emergency rules and orders (401.192); the offense of violating them (401.990) (standing) (Ex. DUT-OR-004)	/library/DUT-OR-004	/exhibit/DUT-OR-004
Ex. DUT-OR-005	Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 654, the Oregon Safe Employment Act: the employer's duty to furnish a safe and healthful place of employment and to do 'every other thing reasonably necessary' (654.010); prohibition of unsafe or unhealthy places of employment (654.015); duty of every employer, owner, employee and other person to comply with every safety and health order, standard and rule (654.022); the Director's jurisdiction over every place of employment (654.025); civil penalties (654.086); criminal penalties (654.991) (standing) (Ex. DUT-OR-005)	/library/DUT-OR-005	/exhibit/DUT-OR-005
Ex. DUT-OR-006	Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the…	Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text)	standing	Oregon Health Authority, Public Health Division (rule filed with the Secretary of State; official Oregon Administrative Rules Database text), Administrative rule: OAR 333-019-0010, Disease Related School, Child Care, and Worksite Restrictions: Imposition of Restrictions (COVID-19 added to the 'restrictable diseases' for food service facilities, schools, children's facilities and health care facilities by PH 17-2020) (standing) (Ex. DUT-OR-006)	/library/DUT-OR-006	/exhibit/DUT-OR-006
Ex. DUT-OR-007	Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension…	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition)	standing	Oregon Legislative Assembly (codified text published by the Office of the Legislative Counsel, 2025 Edition), Statute: ORS chapter 624 (Food Service Facilities), the sanitary code for restaurants: OHA's duty to make sanitation rules (624.041); license suspension, closure for imminent danger (624.073); diseased persons may not work and may not be employed, and the manager's duty to notify OHA (624.080); summary closure (624.096); criminal and civil penalties (624.990, 624.992) (standing) (Ex. DUT-OR-007)	/library/DUT-OR-007	/exhibit/DUT-OR-007
Ex. DUT-OR-008	Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on…	Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020	standing	Oregon Legislative Assembly (80th Legislative Assembly, 2020 Third Special Session); approved by Governor Kate Brown Dec. 23, 2020, Enrolled House Bill 4402 (HB 4402-A), Or. Laws 2020 (3d Spec. Sess.), ch. 4: limitation of liability of schools for COVID-19 infection claims, conditioned on compliance with 'COVID-19 emergency rules'; anti-retaliation amendments to ORS 659A.200 and 659A.203 (Dec. 23, 2020) (Ex. DUT-OR-008)	/library/DUT-OR-008	/exhibit/DUT-OR-008
Ex. DUT-OR-009	House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable…	Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly)	standing	Representatives Drazan and Gomberg (chief sponsors) and Representatives Bonham, Boshart Davis, Breese-Iverson, Moore-Green, Nearman, Owens, Post and Smith G; Oregon House of Representatives, 2021 Regular Session (81st Legislative Assembly), House Bill 2638 (2021 Regular Session), Introduced: limitation of liability for acts or omissions taken during the COVID-19 emergency period 'in reasonable compliance with guidance' (not enacted; died in committee) (Jan. 11, 2021) (Ex. DUT-OR-009)	/library/DUT-OR-009	/exhibit/DUT-OR-009
Ex. DUT-OR-010	Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save…	Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A)	standing	Oregon State Police (published by Oregon OSHA, Department of Consumer and Business Services, as the attachment to its COVID-19 Q&A), Oregon State Police, Emergency Declaration Enforcement FAQ (Mar. 24, 2020): law-enforcement guidance on enforcement of Executive Order 20-12, 'Stay Home, Save Lives' (Ex. DUT-OR-010)	/library/DUT-OR-010	/exhibit/DUT-OR-010
Ex. DUT-OR-011	Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering…	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services	standing	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA COVID-19 Workplace Advisory Memo (6.27b): Business/Employer Enforcement of the Oregon Health Authority 'Statewide Mask, Face Shield, Face Covering Guidance' (issued June 27, 2020; revised June 30, 2020) (Ex. DUT-OR-011)	/library/DUT-OR-011	/exhibit/DUT-OR-011
Ex. DUT-OR-012	Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020)	Oregon OSHA, Department of Consumer and Business Services	standing	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Temporary Rule Addressing the COVID-19 Workplace Risks: Questions and Answers (originally issued Nov. 23, 2020; version of Nov. 23, 2020) (Ex. DUT-OR-012)	/library/DUT-OR-012	/exhibit/DUT-OR-012
Ex. DUT-OR-013	Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13…	Oregon OSHA, Department of Consumer and Business Services	standing	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Workplace Advisory Memo 8.13.21: Employer Enforcement of Facial Covering Requirements in Relation to Customers, Clients, and Other Guests (Aug. 13, 2021) (Ex. DUT-OR-013)	/library/DUT-OR-013	/exhibit/DUT-OR-013
Ex. DUT-OR-014	Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints…	Oregon OSHA, Department of Consumer and Business Services	standing	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, List of Oregon OSHA Citations Identified as Related to COVID-19 (June 2, 2021): the agency's account of its COVID-19 enforcement (complaints, inspections, citations and penalties) with the willful and serious citations listed by county and employer (Ex. DUT-OR-014)	/library/DUT-OR-014	/exhibit/DUT-OR-014
Ex. DUT-OR-015	Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to…	Oregon OSHA, Department of Consumer and Business Services	standing	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA, Questions and Answers Regarding the Oregon Occupational Safety and Health Division's (Oregon OSHA) Education and Enforcement of Issues Related to COVID-19 (updated Mar. 27, 2020): the agency's statement of the employer's statutory duty and of its authority to enforce the Governor's executive orders at the workplace (standing) (Ex. DUT-OR-015)	/library/DUT-OR-015	/exhibit/DUT-OR-015
Ex. DUT-OR-016	Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679…	Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court	standing	Oregon Court of Appeals (Kamins, J., with Tookey, P.J., and Egan, J.); review denied by the Oregon Supreme Court, Along Came Trudy LLC v. Oregon Liquor and Cannabis Commission, 330 Or App 295, 543 P3d 751 (Jan. 24, 2024), rev den, 372 Or 588 (July 18, 2024) (A178679; OLCC21V003): judicial review affirming cancellation of a Lane County restaurant and event venue's liquor license for three violations of EO 20-66 (indoor dining while prohibited) (Ex. DUT-OR-016)	/library/DUT-OR-016	/exhibit/DUT-OR-016
Ex. DUT-OR-017	JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order…	Oregon Court of Appeals	standing	Oregon Court of Appeals, JGB Enterprises, LLC v. Oregon Liquor and Cannabis Commission, 325 Or App 326, 529 P3d 262 (Apr. 19, 2023) (A176066): judicial review affirming a default order suspending a Lane County saloon's liquor license for 38 days for violating EO 20-66 and OHA guidance 'that qualified as public health laws' during Extreme Risk (Jan. 4-Feb. 20, 2021) (Ex. DUT-OR-017)	/library/DUT-OR-017	/exhibit/DUT-OR-017
Ex. DUT-OR-018	Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day…	Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.)	standing	Oregon Court of Appeals (Shorr, P.J., with Pagan, J., and O'Connor, J.), Central Pastime, LLC v. Oregon Liquor and Cannabis Commission, 342 Or App 391 (Aug. 6, 2025) (A180094; OLCCV024): judicial review affirming a 72-day liquor-license suspension for failing to require employees and customers to wear face coverings on Dec. 2, 2020 (OHA July 24, 2020 guidance) and Mar. 27, 2021 (EO 20-66) (Ex. DUT-OR-018)	/library/DUT-OR-018	/exhibit/DUT-OR-018
Ex. DUT-OR-019	Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard…	Supreme Court of Oregon	standing	Supreme Court of Oregon, Shahtout v. Emco Garbage Co., 298 Or 598, 695 P2d 897 (Feb. 12, 1985) (SC S30764): the standing Oregon rule on governmental safety requirements as the standard of care (negligence per se where the requirement is enacted by the legislature or promulgated under delegated authority for general public safety; a workplace safety rule protecting a class that includes the plaintiff is admissible and 'may' be taken into account by the trier of fact in deciding due care) (standing) (Ex. DUT-OR-019)	/library/DUT-OR-019	/exhibit/DUT-OR-019
Ex. FED-001	Proclamation 9994	President Donald J. Trump	Mar. 13, 2020	President Donald J. Trump, Proclamation 9994 (Mar. 13, 2020) (Ex. FED-001)	/library/FED-001	/exhibit/FED-001
Ex. FED-002	Notice of February 24, 2021	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Notice of February 24, 2021 (Feb. 24, 2021) (Ex. FED-002)	/library/FED-002	/exhibit/FED-002
Ex. FED-006	Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per…	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator)	Mar. 13, 2020	President Donald J. Trump (letter to the Secretaries of Homeland Security, the Treasury and HHS and the FEMA Administrator), Emergency determination of March 13, 2020 under Stafford Act § 501(b) (nationwide emergency; implemented by FEMA as EM-3428 through EM-3580 series, one per State and territory, all dated March 13, 2020) (Mar. 13, 2020) (Ex. FED-006)	/library/FED-006	/exhibit/FED-006
Ex. FED-007	Memorandum of January 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security)	Jan. 21, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Defense and the Secretary of Homeland Security), Memorandum of January 21, 2021 (Jan. 21, 2021) (Ex. FED-007)	/library/FED-007	/exhibit/FED-007
Ex. FED-008	Memorandum of February 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator)	Feb. 2, 2021	President Joseph R. Biden, Jr. (memorandum to the Secretary of Homeland Security and the FEMA Administrator), Memorandum of February 2, 2021 (Feb. 2, 2021) (Ex. FED-008)	/library/FED-008	/exhibit/FED-008
Ex. FED-009	Memorandum of August 17, 2021	President Joseph R. Biden, Jr.	Aug. 17, 2021	President Joseph R. Biden, Jr, Memorandum of August 17, 2021 (Aug. 17, 2021) (Ex. FED-009)	/library/FED-009	/exhibit/FED-009
Ex. FED-010	Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus	Alex M. Azar II, Secretary of Health and Human Services	Jan. 31, 2020	Alex M. Azar II, Secretary of Health and Human Services, Determination that a Public Health Emergency Exists Nationwide as the Result of the 2019 Novel Coronavirus (Jan. 31, 2020) (Ex. FED-010)	/library/FED-010	/exhibit/FED-010
Ex. FED-011	Renewal of Determination that a Public Health Emergency Exists (April 21, 2020)	Alex M. Azar II, Secretary of HHS	Apr. 21, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 21, 2020) (Apr. 21, 2020) (Ex. FED-011)	/library/FED-011	/exhibit/FED-011
Ex. FED-012	Renewal of Determination that a Public Health Emergency Exists (July 23, 2020)	Alex M. Azar II, Secretary of HHS	July 23, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 23, 2020) (Ex. FED-012)	/library/FED-012	/exhibit/FED-012
Ex. FED-013	Renewal of Determination that a Public Health Emergency Exists (October 2, 2020)	Alex M. Azar II, Secretary of HHS	Oct. 2, 2020	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (October 2, 2020) (Oct. 2, 2020) (Ex. FED-013)	/library/FED-013	/exhibit/FED-013
Ex. FED-014	Renewal of Determination that a Public Health Emergency Exists (January 7, 2021)	Alex M. Azar II, Secretary of HHS	Jan. 7, 2021	Alex M. Azar II, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (January 7, 2021) (Jan. 7, 2021) (Ex. FED-014)	/library/FED-014	/exhibit/FED-014
Ex. FED-015	Renewal of Determination that a Public Health Emergency Exists (April 15, 2021)	Xavier Becerra, Secretary of HHS	Apr. 15, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (April 15, 2021) (Apr. 15, 2021) (Ex. FED-015)	/library/FED-015	/exhibit/FED-015
Ex. FED-016	Renewal of Determination that a Public Health Emergency Exists (July 19, 2021)	Xavier Becerra, Secretary of HHS	July 19, 2021	Xavier Becerra, Secretary of HHS, Renewal of Determination that a Public Health Emergency Exists (July 19, 2021) (Ex. FED-016)	/library/FED-016	/exhibit/FED-016
Ex. FED-020	CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021)	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021)	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS (order signed by the CDC Director Jan. 29, 2021), CDC Order, Requirement for Persons To Wear Masks While on Conveyances and at Transportation Hubs, 86 Fed. Reg. 8025 (Feb. 3, 2021; effective Feb. 1, 2021) (Jan. 29, 2021) (Ex. FED-020)	/library/FED-020	/exhibit/FED-020
Ex. FED-022	CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020)	Sept. 1, 2020	Centers for Disease Control and Prevention, HHS (signed by the CDC Director Sept. 1, 2020), CDC Order: Temporary Halt in Residential Evictions To Prevent the Further Spread of COVID-19 (Sept. 1, 2020) (Ex. FED-022)	/library/FED-022	/exhibit/FED-022
Ex. FED-023	CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021)	Centers for Disease Control and Prevention, HHS	Jan. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Jan. 29, 2021) (Ex. FED-023)	/library/FED-023	/exhibit/FED-023
Ex. FED-024	CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021)	Centers for Disease Control and Prevention, HHS	Mar. 29, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (Mar. 29, 2021) (Ex. FED-024)	/library/FED-024	/exhibit/FED-024
Ex. FED-025	CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021)	Centers for Disease Control and Prevention, HHS	June 24, 2021	Centers for Disease Control and Prevention, HHS, CDC Order extending the Temporary Halt in Residential Evictions (June 24, 2021) (Ex. FED-025)	/library/FED-025	/exhibit/FED-025
Ex. FED-026	CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19	Centers for Disease Control and Prevention, HHS	Aug. 3, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Temporary Halt in Residential Evictions in Communities With Substantial or High Transmission of COVID-19 (Aug. 3, 2021) (Ex. FED-026)	/library/FED-026	/exhibit/FED-026
Ex. FED-027	CDC No Sail Order and Suspension of Further Embarkation	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 14, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC No Sail Order and Suspension of Further Embarkation (Mar. 14, 2020) (Ex. FED-027)	/library/FED-027	/exhibit/FED-027
Ex. FED-028	No Sail Order; Notice of Modification and Extension (Apr. 9, 2020)	Centers for Disease Control and Prevention, HHS	Apr. 9, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Notice of Modification and Extension (Apr. 9, 2020) (Ex. FED-028)	/library/FED-028	/exhibit/FED-028
Ex. FED-029	No Sail Order; Second Modification and Extension (July 16, 2020)	Centers for Disease Control and Prevention, HHS	July 16, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Second Modification and Extension (July 16, 2020) (Ex. FED-029)	/library/FED-029	/exhibit/FED-029
Ex. FED-030	No Sail Order; Third Modification and Extension (Sept. 30, 2020)	Centers for Disease Control and Prevention, HHS	Sept. 30, 2020	Centers for Disease Control and Prevention, HHS, No Sail Order; Third Modification and Extension (Sept. 30, 2020) (Ex. FED-030)	/library/FED-030	/exhibit/FED-030
Ex. FED-031	CDC Framework for Conditional Sailing Order	Centers for Disease Control and Prevention, HHS	Oct. 30, 2020	Centers for Disease Control and Prevention, HHS, CDC Framework for Conditional Sailing Order (Oct. 30, 2020) (Ex. FED-031)	/library/FED-031	/exhibit/FED-031
Ex. FED-032	Notice: Conditional Sailing Order Technical Instructions and Operations Manual	Centers for Disease Control and Prevention, HHS	May 5, 2021	Centers for Disease Control and Prevention, HHS, Notice: Conditional Sailing Order Technical Instructions and Operations Manual (May 5, 2021) (Ex. FED-032)	/library/FED-032	/exhibit/FED-032
Ex. FED-034	CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order')	Centers for Disease Control and Prevention, HHS (CDC Director)	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS (CDC Director), CDC Order Suspending Introduction of Certain Persons From Countries Where a Communicable Disease Exists (the 'Title 42 order') (Mar. 20, 2020) (Ex. FED-034)	/library/FED-034	/exhibit/FED-034
Ex. FED-036	Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020)	Centers for Disease Control and Prevention, HHS	May 19, 2020	Centers for Disease Control and Prevention, HHS, Amendment and Extension of Order Suspending Introduction of Certain Persons (May 19, 2020) (Ex. FED-036)	/library/FED-036	/exhibit/FED-036
Ex. FED-037	CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020)	Centers for Disease Control and Prevention, HHS	Oct. 13, 2020	Centers for Disease Control and Prevention, HHS, CDC Order Suspending the Right To Introduce Certain Persons From Countries Where a Quarantinable Communicable Disease Exists (Oct. 13, 2020) (Ex. FED-037)	/library/FED-037	/exhibit/FED-037
Ex. FED-038	Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021)	Centers for Disease Control and Prevention, HHS	Aug. 2, 2021	Centers for Disease Control and Prevention, HHS, Public Health Reassessment and Order Suspending the Right To Introduce Certain Persons (Aug. 2, 2021) (Ex. FED-038)	/library/FED-038	/exhibit/FED-038
Ex. FED-039	Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign…	Centers for Disease Control and Prevention, HHS	Mar. 20, 2020	Centers for Disease Control and Prevention, HHS, Interim Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Mar. 20, 2020) (Ex. FED-039)	/library/FED-039	/exhibit/FED-039
Ex. FED-040	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom	Centers for Disease Control and Prevention, HHS	Dec. 25, 2020	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result for All Airline Passengers Arriving Into the United States From the United Kingdom (Dec. 25, 2020) (Ex. FED-040)	/library/FED-040	/exhibit/FED-040
Ex. FED-041	CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into…	Centers for Disease Control and Prevention, HHS	Jan. 12, 2021	Centers for Disease Control and Prevention, HHS, CDC Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 12, 2021) (Ex. FED-041)	/library/FED-041	/exhibit/FED-041
Ex. FED-042	CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft…	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021)	Jan. 25, 2021	Centers for Disease Control and Prevention, HHS (signed Jan. 25, 2021 by the Acting CDC Chief of Staff; dated Jan. 26, 2021), CDC Amended Order: Requirement for Negative Pre-Departure COVID-19 Test Result or Documentation of Recovery From COVID-19 for All Airline or Other Aircraft Passengers Arriving Into the United States From Any Foreign Country (Jan. 25, 2021) (Ex. FED-042)	/library/FED-042	/exhibit/FED-042
Ex. FED-048	Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United…	Centers for Disease Control and Prevention, HHS	Sept. 11, 2020	Centers for Disease Control and Prevention, HHS, Final Rule, Control of Communicable Diseases; Foreign Quarantine: Suspension of the Right To Introduce and Prohibition of Introduction of Persons Into United States From Designated Foreign Countries or Places for Public Health Purposes (42 C.F.R. § 71.40) (Sept. 11, 2020) (Ex. FED-048)	/library/FED-048	/exhibit/FED-048
Ex. FED-050	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator)	Jan. 31, 2021	Transportation Security Administration, DHS (Senior Official Performing the Duties of the Administrator), TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-050)	/library/FED-050	/exhibit/FED-050
Ex. FED-051	Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Apr. 30, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01A, Security Measures - Mask Requirements (Apr. 30, 2021) (Ex. FED-051)	/library/FED-051	/exhibit/FED-051
Ex. FED-052	Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements	Transportation Security Administration, DHS	Aug. 20, 2021	Transportation Security Administration, DHS, Security Directive SD 1582/84-21-01B, Security Measures - Mask Requirements (Aug. 20, 2021) (Ex. FED-052)	/library/FED-052	/exhibit/FED-052
Ex. FED-053	TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD…	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, TSA Security Directives SD 1582/84-21-01, -01A, -01B (surface transportation; Jan. 31, Apr. 30, Aug. 20, 2021); SD 1544-21-02 (aircraft operators) and SD 1542-21-01 (airports) (Jan. 31, 2021); ratification 86 Fed. Reg. 26825 (Ex. FED-053)	/library/FED-053	/exhibit/FED-053
Ex. FED-055	Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers)	Transportation Security Administration, DHS	Jan. 31, 2021	Transportation Security Administration, DHS, Emergency Amendment EA 1546-21-01, Security Measures - Face Masks (foreign air carriers) (Jan. 31, 2021) (Ex. FED-055)	/library/FED-055	/exhibit/FED-055
Ex. FED-056	Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01)	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board	Apr. 20, 2021	Department of Homeland Security, Office of Strategy, Policy, and Plans; Transportation Security Oversight Board, Notification of Ratification of Security Directives and Emergency Amendment (TSA SD 1542-21-01, SD 1544-21-02, EA 1546-21-01) (Apr. 20, 2021) (Ex. FED-056)	/library/FED-056	/exhibit/FED-056
Ex. FED-057	Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021)	Acting Secretary of Homeland Security David P. Pekoske	Jan. 27, 2021	Acting Secretary of Homeland Security David P. Pekoske, Determination of a National Emergency Requiring Actions To Protect the Safety of Americans Using and Employed by the Transportation System (Jan. 27, 2021) (Ex. FED-057)	/library/FED-057	/exhibit/FED-057
Ex. FED-060	Executive Order 13991	President Joseph R. Biden, Jr.	Jan. 20, 2021	President Joseph R. Biden, Jr, Executive Order 13991 (Jan. 20, 2021) (Ex. FED-060)	/library/FED-060	/exhibit/FED-060
Ex. FED-061	Executive Order 13998	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13998 (Jan. 21, 2021) (Ex. FED-061)	/library/FED-061	/exhibit/FED-061
Ex. FED-062	Executive Order 13999	President Joseph R. Biden, Jr.	Jan. 21, 2021	President Joseph R. Biden, Jr, Executive Order 13999 (Jan. 21, 2021) (Ex. FED-062)	/library/FED-062	/exhibit/FED-062
Ex. FED-063	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-063)	/library/FED-063	/exhibit/FED-063
Ex. FED-064	Executive Order 14043	President Joseph R. Biden, Jr.	Sept. 9, 2021	President Joseph R. Biden, Jr, Executive Order 14043 (Sept. 9, 2021) (Ex. FED-064)	/library/FED-064	/exhibit/FED-064
Ex. FED-066	Executive Order 13945	President Donald J. Trump	Aug. 8, 2020	President Donald J. Trump, Executive Order 13945 (Aug. 8, 2020) (Ex. FED-066)	/library/FED-066	/exhibit/FED-066
Ex. FED-070	Executive Order 13909	President Donald J. Trump	Mar. 18, 2020	President Donald J. Trump, Executive Order 13909 (Mar. 18, 2020) (Ex. FED-070)	/library/FED-070	/exhibit/FED-070
Ex. FED-071	Executive Order 13910	President Donald J. Trump	Mar. 23, 2020	President Donald J. Trump, Executive Order 13910 (Mar. 23, 2020) (Ex. FED-071)	/library/FED-071	/exhibit/FED-071
Ex. FED-073	Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020)	President Donald J. Trump	Apr. 28, 2020	President Donald J. Trump, Executive Order 13917, Delegating Authority Under the Defense Production Act With Respect to Food Supply Chain Resources, 85 Fed. Reg. 26313 (Apr. 28, 2020) (Ex. FED-073)	/library/FED-073	/exhibit/FED-073
Ex. FED-074	Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures	Secretary of Health and Human Services	Mar. 25, 2020	Secretary of Health and Human Services, Notice of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures (Mar. 25, 2020) (Ex. FED-074)	/library/FED-074	/exhibit/FED-074
Ex. FED-075	Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use	Federal Emergency Management Agency, DHS	Apr. 7, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule, Prioritization and Allocation of Certain Scarce or Threatened Health and Medical Resources for Domestic Use (Apr. 7, 2020) (Ex. FED-075)	/library/FED-075	/exhibit/FED-075
Ex. FED-076	Notification of Exemptions to the PPE allocation rule	Federal Emergency Management Agency, DHS	Apr. 17, 2020	Federal Emergency Management Agency, DHS, Notification of Exemptions to the PPE allocation rule (Apr. 17, 2020) (Ex. FED-076)	/library/FED-076	/exhibit/FED-076
Ex. FED-077	Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020)	Federal Emergency Management Agency, DHS	Aug. 10, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Aug. 10, 2020) (Ex. FED-077)	/library/FED-077	/exhibit/FED-077
Ex. FED-078	Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020)	Federal Emergency Management Agency, DHS	Dec. 31, 2020	Federal Emergency Management Agency, DHS, Temporary Final Rule extending and modifying the PPE allocation rule (Dec. 31, 2020) (Ex. FED-078)	/library/FED-078	/exhibit/FED-078
Ex. FED-080	Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021)	Occupational Safety and Health Administration, U.S. Department of Labor	June 21, 2021	Occupational Safety and Health Administration, U.S. Department of Labor, Occupational Exposure to COVID-19; Emergency Temporary Standard, 29 C.F.R. 1910.502, 86 Fed. Reg. 32376 (June 21, 2021) (Ex. FED-080)	/library/FED-080	/exhibit/FED-080
Ex. FED-081	DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021)	OSHA, Directorate of Enforcement Programs	June 28, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-02 (CPL 02), Inspection Procedures for the COVID-19 ETS (June 28, 2021) (Ex. FED-081)	/library/FED-081	/exhibit/FED-081
Ex. FED-082	DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021)	OSHA, Directorate of Enforcement Programs	Mar. 12, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-01 (CPL 03), National Emphasis Program - COVID-19 (Mar. 12, 2021) (Ex. FED-082)	/library/FED-082	/exhibit/FED-082
Ex. FED-083	DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021)	OSHA, Directorate of Enforcement Programs	July 7, 2021	OSHA, Directorate of Enforcement Programs, DIR 2021-03 (CPL 03), Revised National Emphasis Program - COVID-19 (July 7, 2021) (Ex. FED-083)	/library/FED-083	/exhibit/FED-083
Ex. FED-084	Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021)	OSHA (memorandum for Regional Administrators and State Plan Designees)	July 7, 2021	OSHA (memorandum for Regional Administrators and State Plan Designees), Updated Interim Enforcement Response Plans (Mar. 12, 2021; July 7, 2021) (Ex. FED-084)	/library/FED-084	/exhibit/FED-084
Ex. FED-088	Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020)	OSHA, U.S. Department of Labor	Mar. 9, 2020	OSHA, U.S. Department of Labor, Guidance on Preparing Workplaces for COVID-19 (OSHA 3990-03 2020) (Mar. 9, 2020) (Ex. FED-088)	/library/FED-088	/exhibit/FED-088
Ex. FED-090	CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with…	Centers for Medicare & Medicaid Services, HHS	Mar. 30, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-1744-IFC, Medicare and Medicaid Programs; Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule with comment period) (Mar. 30, 2020) (Ex. FED-090)	/library/FED-090	/exhibit/FED-090
Ex. FED-091	CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule)	Centers for Medicare & Medicaid Services, HHS	May 1, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-5531-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule) (May 1, 2020) (Ex. FED-091)	/library/FED-091	/exhibit/FED-091
Ex. FED-092	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	Centers for Medicare & Medicaid Services, HHS	Sept. 2, 2020	Centers for Medicare & Medicaid Services, HHS, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-092)	/library/FED-092	/exhibit/FED-092
Ex. FED-093	CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP…	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor)	Nov. 2, 2020	Centers for Medicare & Medicaid Services, HHS (with Treasury and Labor), CMS-9912-IFC, Additional Policy and Regulatory Revisions in Response to the COVID-19 Public Health Emergency (interim final rule): 42 C.F.R. § 433.400 (FMAP maintenance-of-effort conditions); vaccine coverage (Nov. 2, 2020) (Ex. FED-093)	/library/FED-093	/exhibit/FED-093
Ex. FED-094	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	Centers for Medicare & Medicaid Services, HHS	May 13, 2021	Centers for Medicare & Medicaid Services, HHS, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (Ex. FED-094)	/library/FED-094	/exhibit/FED-094
Ex. FED-096	CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020)	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Center for Clinical Standards and Quality / Quality, Safety & Oversight Group, CMS QSO-20-13-Hospitals (Mar. 4, 2020), QSO-20-14-NH (Mar. 13, 2020), QSO-20-18-HHA (Mar. 10, 2020) (Ex. FED-096)	/library/FED-096	/exhibit/FED-096
Ex. FED-097	QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 13, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-14-NH, Guidance for Infection Control and Prevention of Coronavirus Disease 2019 (COVID-19) in Nursing Homes (Mar. 9, 2020; REVISED Mar. 13, 2020) (Ex. FED-097)	/library/FED-097	/exhibit/FED-097
Ex. FED-098	QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs)	CMS, Quality, Safety & Oversight Group	Mar. 10, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-18-HHA, Guidance for Infection Control and Prevention Concerning Coronavirus Disease 2019 (COVID-19) in Home Health Agencies (HHAs) (Mar. 10, 2020) (Ex. FED-098)	/library/FED-098	/exhibit/FED-098
Ex. FED-099	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 23, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-099)	/library/FED-099	/exhibit/FED-099
Ex. FED-100	FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 29, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4503-DR, Major Disaster Declaration for Alabama (COVID-19 Pandemic) (Mar. 29, 2020) (Ex. FED-100)	/library/FED-100	/exhibit/FED-100
Ex. FED-104	FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4482-DR, Major Disaster Declaration for California (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-104)	/library/FED-104	/exhibit/FED-104
Ex. FED-109	FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4486-DR, Major Disaster Declaration for Florida (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-109)	/library/FED-109	/exhibit/FED-109
Ex. FED-113	FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 26, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4489-DR, Major Disaster Declaration for Illinois (COVID-19 Pandemic) (Mar. 26, 2020) (Ex. FED-113)	/library/FED-113	/exhibit/FED-113
Ex. FED-115	FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 23, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4483-DR, Major Disaster Declaration for Iowa (COVID-19 Pandemic) (Mar. 23, 2020) (Ex. FED-115)	/library/FED-115	/exhibit/FED-115
Ex. FED-118	FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 24, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4484-DR, Major Disaster Declaration for Louisiana (COVID-19 Pandemic) (Mar. 24, 2020) (Ex. FED-118)	/library/FED-118	/exhibit/FED-118
Ex. FED-130	FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4488-DR, Major Disaster Declaration for New Jersey (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-130)	/library/FED-130	/exhibit/FED-130
Ex. FED-132	FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 20, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4480-DR, Major Disaster Declaration for New York (COVID-19 Pandemic) (Mar. 20, 2020) (Ex. FED-132)	/library/FED-132	/exhibit/FED-132
Ex. FED-133	FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4487-DR, Major Disaster Declaration for North Carolina (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-133)	/library/FED-133	/exhibit/FED-133
Ex. FED-143	FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 25, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4485-DR, Major Disaster Declaration for Texas (COVID-19 Pandemic) (Mar. 25, 2020) (Ex. FED-143)	/library/FED-143	/exhibit/FED-143
Ex. FED-147	FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Mar. 22, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4481-DR, Major Disaster Declaration for Washington (COVID-19 Pandemic) (Mar. 22, 2020) (Ex. FED-147)	/library/FED-147	/exhibit/FED-147
Ex. FED-150	FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic)	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice)	Apr. 11, 2020	President Donald J. Trump (major disaster declaration); Federal Emergency Management Agency, DHS (notice), FEMA-4535-DR, Major Disaster Declaration for Wyoming (COVID-19 Pandemic) (Apr. 11, 2020) (Ex. FED-150)	/library/FED-150	/exhibit/FED-150
Ex. FED-154	QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020)	CMS, Quality, Safety & Oversight Group	Sept. 17, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH, Nursing Home Visitation - COVID-19 (original, Sept. 17, 2020) (Ex. FED-154)	/library/FED-154	/exhibit/FED-154
Ex. FED-155	QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19	CMS, Quality, Safety & Oversight Group	Mar. 10, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Mar. 10, 2021, Nursing Home Visitation - COVID-19 (Ex. FED-155)	/library/FED-155	/exhibit/FED-155
Ex. FED-156	QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3)	CMS, Quality, Safety & Oversight Group	Apr. 27, 2021	CMS, Quality, Safety & Oversight Group, QSO-20-39-NH REVISED Apr. 27, 2021, Nursing Home Visitation - COVID-19 (the text in force throughout 2021Q3) (Ex. FED-156)	/library/FED-156	/exhibit/FED-156
Ex. FED-157	QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021)	CMS, Quality, Safety & Oversight Group	May 18, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-30-NH, Nursing Home Reopening Recommendations for State and Local Officials (May 18, 2020; REVISED Mar. 10, 2021; expired Mar. 10, 2021) (Ex. FED-157)	/library/FED-157	/exhibit/FED-157
Ex. FED-158	CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and…	Centers for Medicare & Medicaid Services, HHS	Apr. 7, 2020	Centers for Medicare & Medicaid Services, HHS, CMS, Non-Emergent, Elective Medical Services, and Treatment Recommendations (Apr. 7, 2020) (tiered framework; supplements the Adult Elective Surgery and Procedures Recommendations of Mar. 18, 2020) (Ex. FED-158)	/library/FED-158	/exhibit/FED-158
Ex. FED-159	CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020)	Centers for Medicare & Medicaid Services, HHS	Apr. 19, 2020	Centers for Medicare & Medicaid Services, HHS, CMS Recommendations, Re-opening Facilities to Provide Non-emergent Non-COVID-19 Healthcare: Phase I (Apr. 19, 2020) (Ex. FED-159)	/library/FED-159	/exhibit/FED-159
Ex. FED-160	COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021)	Centers for Medicare & Medicaid Services, HHS	Mar. 13, 2020	Centers for Medicare & Medicaid Services, HHS, COVID-19 Emergency Declaration Blanket Waivers for Health Care Providers (consolidated document; version updated May 24, 2021) (Mar. 13, 2020) (Ex. FED-160)	/library/FED-160	/exhibit/FED-160
Ex. FED-161	QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting	CMS, Quality, Safety & Oversight Group	May 6, 2020	CMS, Quality, Safety & Oversight Group, QSO-20-29-NH and CMS-5531-IFC, 85 Fed. Reg. 27550 (May 8, 2020): 42 C.F.R. 483.80(g) reporting (May 6, 2020) (Ex. FED-161)	/library/FED-161	/exhibit/FED-161
Ex. FED-163	CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH	CMS, Quality, Safety & Oversight Group	May 11, 2021	CMS, Quality, Safety & Oversight Group, CMS-3414-IFC, 86 Fed. Reg. 26306 (May 13, 2021) (42 C.F.R. 483.80(d)(3)) and QSO-21-19-NH (May 11, 2021) (Ex. FED-163)	/library/FED-163	/exhibit/FED-163
Ex. FED-164	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Mar. 4, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-164)	/library/FED-164	/exhibit/FED-164
Ex. FED-165	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	June 1, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-165)	/library/FED-165	/exhibit/FED-165
Ex. FED-166	CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020)	CMS, Quality, Safety & Oversight Group	Aug. 17, 2020	CMS, Quality, Safety & Oversight Group, CMS QSO-20-12-All (Mar. 4, 2020), QSO-20-20-All (Mar. 23, 2020), QSO-20-31-All (June 1, 2020), QSO-20-35-ALL (Aug. 17, 2020) (Ex. FED-166)	/library/FED-166	/exhibit/FED-166
Ex. FED-168	CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through…	CMS, Quality, Safety & Oversight Group	Aug. 26, 2020	CMS, Quality, Safety & Oversight Group, CMS-3401-IFC, 85 Fed. Reg. 54820 (Sept. 2, 2020) (42 C.F.R. 483.80(h) testing; 482.42(e) hospital reporting) and QSO-20-38-NH (Aug. 26, 2020; revised through Sept. 23, 2022) (Ex. FED-168)	/library/FED-168	/exhibit/FED-168
Ex. FED-170	Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§…	Congress (Pub. L. 116-127); approved by the President	Mar. 18, 2020	Congress (Pub. L. 116-127); approved by the President, Families First Coronavirus Response Act, Pub. L. 116-127, 134 Stat. 178 (Mar. 18, 2020): Division C (Emergency Family and Medical Leave Expansion Act, §§ 3101-3106) and Division E (Emergency Paid Sick Leave Act, §§ 5101-5111); Division G (§§ 7001-7005, payroll tax credits); § 6008 (Medicaid FMAP conditions) (Ex. FED-170)	/library/FED-170	/exhibit/FED-170
Ex. FED-171	Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826	Wage and Hour Division, U.S. Department of Labor	Apr. 1, 2020	Wage and Hour Division, U.S. Department of Labor, Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (Apr. 1, 2020) (Ex. FED-171)	/library/FED-171	/exhibit/FED-171
Ex. FED-172	Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor)	Wage and Hour Division, U.S. Department of Labor	Sept. 11, 2020	Wage and Hour Division, U.S. Department of Labor, Revised Temporary Rule, Paid Leave Under the Families First Coronavirus Response Act, 29 C.F.R. part 826 (after New York v. U.S. Dep't of Labor) (Sept. 11, 2020) (Ex. FED-172)	/library/FED-172	/exhibit/FED-172
Ex. FED-173	Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502…	Congress (Pub. L. 116-260)	Dec. 27, 2020	Congress (Pub. L. 116-260), Consolidated Appropriations Act, 2021, Pub. L. 116-260, div. N, tit. II, subtit. B, § 286 (Extension of Credits for Paid Sick and Family Leave); div. N, § 502 (extension of the CDC eviction moratorium to Jan. 31, 2021); div. EE, §§ 206-207 (ERC amendments) (Dec. 27, 2020) (Ex. FED-173)	/library/FED-173	/exhibit/FED-173
Ex. FED-174	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary…	Congress (Pub. L. 117-2); approved by the President	Mar. 11, 2021	Congress (Pub. L. 117-2); approved by the President, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021): § 9651 (I.R.C. § 3134, ERC for Q3-Q4 2021); § 9641 (I.R.C. §§ 3131-3133, voluntary paid leave credits Apr. 1 - Sept. 30, 2021); § 9817 (HCBS FMAP increase) (Ex. FED-174)	/library/FED-174	/exhibit/FED-174
Ex. FED-180	Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020)	Secretary of Health and Human Services	Mar. 10, 2020	Secretary of Health and Human Services, Declaration Under the PREP Act for Medical Countermeasures Against COVID-19, 85 Fed. Reg. 15198 (Mar. 17, 2020; effective Feb. 4, 2020) (Mar. 10, 2020) (Ex. FED-180)	/library/FED-180	/exhibit/FED-180
Ex. FED-181	Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for…	Secretary of Health and Human Services	Feb. 4, 2020	Secretary of Health and Human Services, Determination of Public Health Emergency and Declaration that circumstances exist justifying the authorization of emergency use of in vitro diagnostics for 2019-nCoV (Feb. 4, 2020) (Ex. FED-181)	/library/FED-181	/exhibit/FED-181
Ex. FED-182	Emergency Use Declaration: personal respiratory protective devices	Secretary of Health and Human Services	Mar. 2, 2020	Secretary of Health and Human Services, Emergency Use Declaration: personal respiratory protective devices (Mar. 2, 2020) (Ex. FED-182)	/library/FED-182	/exhibit/FED-182
Ex. FED-183	Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices	Secretary of Health and Human Services	Mar. 24, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: medical devices, including alternative products used as medical devices (Mar. 24, 2020) (Ex. FED-183)	/library/FED-183	/exhibit/FED-183
Ex. FED-184	Emergency Use Authorization Declaration: drugs and biological products	Secretary of Health and Human Services	Mar. 27, 2020	Secretary of Health and Human Services, Emergency Use Authorization Declaration: drugs and biological products (Mar. 27, 2020) (Ex. FED-184)	/library/FED-184	/exhibit/FED-184
Ex. FED-185	Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter)	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research)	Dec. 11, 2020	Food and Drug Administration, HHS (Center for Biologics Evaluation and Research), Emergency Use Authorization letter: Pfizer-BioNTech COVID-19 Vaccine (Dec. 11, 2020; reissued and amended thereafter) (Ex. FED-185)	/library/FED-185	/exhibit/FED-185
Ex. FED-186	Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter)	Food and Drug Administration, HHS	Dec. 18, 2020	Food and Drug Administration, HHS, Emergency Use Authorization letter: Moderna COVID-19 Vaccine (Dec. 18, 2020; reissued thereafter) (Ex. FED-186)	/library/FED-186	/exhibit/FED-186
Ex. FED-187	Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023)	Food and Drug Administration, HHS	Feb. 27, 2021	Food and Drug Administration, HHS, Emergency Use Authorization letter: Janssen COVID-19 Vaccine (Feb. 27, 2021; reissued thereafter; revoked June 1, 2023) (Ex. FED-187)	/library/FED-187	/exhibit/FED-187
Ex. FED-190	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020) (Ex. FED-190)	/library/FED-190	/exhibit/FED-190
Ex. FED-191	30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020)	The President and the White House Coronavirus Task Force	Mar. 31, 2020	The President and the White House Coronavirus Task Force, 30 Days to Slow the Spread (extension of the March 16 guidelines through April 30, 2020) (Mar. 31, 2020) (Ex. FED-191)	/library/FED-191	/exhibit/FED-191
Ex. FED-192	Guidelines for Opening Up America Again (Apr. 16, 2020)	The President and the White House Coronavirus Task Force	Apr. 16, 2020	The President and the White House Coronavirus Task Force, Guidelines for Opening Up America Again (Apr. 16, 2020) (Ex. FED-192)	/library/FED-192	/exhibit/FED-192
Ex. FED-194	Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency	HHS Office for Civil Rights	Mar. 17, 2020	HHS Office for Civil Rights, Notification of Enforcement Discretion for Telehealth Remote Communications During the COVID-19 Nationwide Public Health Emergency (Mar. 17, 2020) (Ex. FED-194)	/library/FED-194	/exhibit/FED-194
Ex. FED-200	Proclamation 9984	President Donald J. Trump	Jan. 31, 2020	President Donald J. Trump, Proclamation 9984 (Jan. 31, 2020) (Ex. FED-200)	/library/FED-200	/exhibit/FED-200
Ex. FED-201	Proclamation 9992	President Donald J. Trump	Feb. 29, 2020	President Donald J. Trump, Proclamation 9992 (Feb. 29, 2020) (Ex. FED-201)	/library/FED-201	/exhibit/FED-201
Ex. FED-202	Proclamation 9993	President Donald J. Trump	Mar. 11, 2020	President Donald J. Trump, Proclamation 9993 (Mar. 11, 2020) (Ex. FED-202)	/library/FED-202	/exhibit/FED-202
Ex. FED-203	Proclamation 9996	President Donald J. Trump	Mar. 14, 2020	President Donald J. Trump, Proclamation 9996 (Mar. 14, 2020) (Ex. FED-203)	/library/FED-203	/exhibit/FED-203
Ex. FED-204	Proclamation 10041	President Donald J. Trump	May 24, 2020	President Donald J. Trump, Proclamation 10041 (May 24, 2020) (Ex. FED-204)	/library/FED-204	/exhibit/FED-204
Ex. FED-207	Proclamation 10143	President Joseph R. Biden, Jr.	Jan. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10143 (Jan. 25, 2021) (Ex. FED-207)	/library/FED-207	/exhibit/FED-207
Ex. FED-208	Proclamation 10199	President Joseph R. Biden, Jr.	Apr. 30, 2021	President Joseph R. Biden, Jr, Proclamation 10199 (Apr. 30, 2021) (Ex. FED-208)	/library/FED-208	/exhibit/FED-208
Ex. FED-209	Proclamation 10294	President Joseph R. Biden, Jr.	Oct. 25, 2021	President Joseph R. Biden, Jr, Proclamation 10294 (Oct. 25, 2021) (Ex. FED-209)	/library/FED-209	/exhibit/FED-209
Ex. FED-210	Proclamation 10014	President Donald J. Trump	Apr. 22, 2020	President Donald J. Trump, Proclamation 10014 (Apr. 22, 2020) (Ex. FED-210)	/library/FED-210	/exhibit/FED-210
Ex. FED-211	Proclamation 10052	President Donald J. Trump	June 22, 2020	President Donald J. Trump, Proclamation 10052 (June 22, 2020) (Ex. FED-211)	/library/FED-211	/exhibit/FED-211
Ex. FED-212	Proclamation 10054	President Donald J. Trump	June 29, 2020	President Donald J. Trump, Proclamation 10054 (June 29, 2020) (Ex. FED-212)	/library/FED-212	/exhibit/FED-212
Ex. FED-213	Proclamation 10131	President Donald J. Trump	Dec. 31, 2020	President Donald J. Trump, Proclamation 10131 (Dec. 31, 2020) (Ex. FED-213)	/library/FED-213	/exhibit/FED-213
Ex. FED-214	Proclamation 10149	President Joseph R. Biden, Jr.	Feb. 24, 2021	President Joseph R. Biden, Jr, Proclamation 10149 (Feb. 24, 2021) (Ex. FED-214)	/library/FED-214	/exhibit/FED-214
Ex. FED-216	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548…	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection	Mar. 24, 2020	U.S. Department of Homeland Security (Acting Secretary Chad F. Wolf), with U.S. Customs and Border Protection, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Canada, 85 Fed. Reg. 16548 (Mar. 24, 2020) (Ex. FED-216)	/library/FED-216	/exhibit/FED-216
Ex. FED-217	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 22352 (Apr. 22, 2020) (Ex. FED-217)	/library/FED-217	/exhibit/FED-217
Ex. FED-219	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 37744 (June 24, 2020) (Ex. FED-219)	/library/FED-219	/exhibit/FED-219
Ex. FED-222	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 59670 (Sept. 23, 2020) (Ex. FED-222)	/library/FED-222	/exhibit/FED-222
Ex. FED-225	Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Canada), 85 Fed. Reg. 83432 (Dec. 22, 2020) (Ex. FED-225)	/library/FED-225	/exhibit/FED-225
Ex. FED-226	Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Canada); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-226)	/library/FED-226	/exhibit/FED-226
Ex. FED-229	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 14812 (Mar. 19, 2021) (Ex. FED-229)	/library/FED-229	/exhibit/FED-229
Ex. FED-232	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 32764 (June 23, 2021) (Ex. FED-232)	/library/FED-232	/exhibit/FED-232
Ex. FED-235	Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Canada), 86 Fed. Reg. 52609 (Sept. 22, 2021) (Ex. FED-235)	/library/FED-235	/exhibit/FED-235
Ex. FED-239	Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547…	DHS (Acting Secretary Chad F. Wolf), with CBP	Mar. 24, 2020	DHS (Acting Secretary Chad F. Wolf), with CBP, Notification of Temporary Travel Restrictions Applicable to Land Ports of Entry and Ferries Service Between the United States and Mexico, 85 Fed. Reg. 16547 (Mar. 24, 2020) (Ex. FED-239)	/library/FED-239	/exhibit/FED-239
Ex. FED-240	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Apr. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 22353 (Apr. 22, 2020) (Ex. FED-240)	/library/FED-240	/exhibit/FED-240
Ex. FED-242	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020)	DHS (Acting Secretary Chad F. Wolf)	June 24, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 37745 (June 24, 2020) (Ex. FED-242)	/library/FED-242	/exhibit/FED-242
Ex. FED-245	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020)	DHS (Acting Secretary Chad F. Wolf)	Sept. 23, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 59669 (Sept. 23, 2020) (Ex. FED-245)	/library/FED-245	/exhibit/FED-245
Ex. FED-248	Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020)	DHS (Acting Secretary Chad F. Wolf)	Dec. 22, 2020	DHS (Acting Secretary Chad F. Wolf), Notification of Temporary Travel Restrictions (Mexico), 85 Fed. Reg. 83433 (Dec. 22, 2020) (Ex. FED-248)	/library/FED-248	/exhibit/FED-248
Ex. FED-249	Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021)	DHS	Jan. 19, 2021	DHS, Notification of Temporary Travel Restrictions (Mexico); Correction, 86 Fed. Reg. 4967 (Jan. 19, 2021) (Ex. FED-249)	/library/FED-249	/exhibit/FED-249
Ex. FED-252	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Mar. 19, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 14813 (Mar. 19, 2021) (Ex. FED-252)	/library/FED-252	/exhibit/FED-252
Ex. FED-255	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021)	DHS (Secretary Alejandro N. Mayorkas)	June 23, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 32766 (June 23, 2021) (Ex. FED-255)	/library/FED-255	/exhibit/FED-255
Ex. FED-258	Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021)	DHS (Secretary Alejandro N. Mayorkas)	Sept. 22, 2021	DHS (Secretary Alejandro N. Mayorkas), Notification of Temporary Travel Restrictions (Mexico), 86 Fed. Reg. 52611 (Sept. 22, 2021) (Ex. FED-258)	/library/FED-258	/exhibit/FED-258
Ex. FED-264	OMB Memorandum M-20-16	Office of Management and Budget (Acting Director Russell T. Vought)	Mar. 17, 2020	Office of Management and Budget (Acting Director Russell T. Vought), OMB Memorandum M-20-16 (Mar. 17, 2020) (Ex. FED-264)	/library/FED-264	/exhibit/FED-264
Ex. FED-265	OMB Memorandum M-20-17	Office of Management and Budget	Mar. 19, 2020	Office of Management and Budget, OMB Memorandum M-20-17 (Mar. 19, 2020) (Ex. FED-265)	/library/FED-265	/exhibit/FED-265
Ex. FED-266	OMB Memorandum M-20-18	Office of Management and Budget (Deputy Director for Management)	Mar. 20, 2020	Office of Management and Budget (Deputy Director for Management), OMB Memorandum M-20-18 (Mar. 20, 2020) (Ex. FED-266)	/library/FED-266	/exhibit/FED-266
Ex. FED-267	OMB Memorandum M-20-19	Office of Management and Budget	Mar. 22, 2020	Office of Management and Budget, OMB Memorandum M-20-19 (Mar. 22, 2020) (Ex. FED-267)	/library/FED-267	/exhibit/FED-267
Ex. FED-268	OMB/OPM Memorandum M-20-23	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas)	Apr. 20, 2020	Office of Management and Budget (Acting Director Russell T. Vought) and Office of Personnel Management (Acting Director Michael J. Rigas), OMB/OPM Memorandum M-20-23 (Apr. 20, 2020) (Ex. FED-268)	/library/FED-268	/exhibit/FED-268
Ex. FED-270	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force	Jan. 24, 2021	Office of Management and Budget (Executive Associate Director Aviva Aron-Dine) with the Safer Federal Workforce Task Force, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Jan. 24, 2021) (Ex. FED-270)	/library/FED-270	/exhibit/FED-270
Ex. FED-271	OMB Memorandum M-21-25	Office of Management and Budget, Office of Personnel Management and General Services Administration	June 10, 2021	Office of Management and Budget, Office of Personnel Management and General Services Administration, OMB Memorandum M-21-25 (June 10, 2021) (Ex. FED-271)	/library/FED-271	/exhibit/FED-271
Ex. FED-272	COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB	July 29, 2021	Safer Federal Workforce Task Force (OPM, GSA, White House COVID-19 Response Coordinator) under Executive Order 13991 § 4, with OMB, COVID-19 Workplace Safety: Agency Model Safety Principles (revised July 29, 2021), following the OMB memorandum of July 27, 2021 reinstating masks (Ex. FED-272)	/library/FED-272	/exhibit/FED-272
Ex. FED-274	Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and…	Safer Federal Workforce Task Force; approved by the Director of OMB	Sept. 24, 2021	Safer Federal Workforce Task Force; approved by the Director of OMB, Executive Order 14042, 86 Fed. Reg. 50985 (Sept. 9, 2021); Safer Federal Workforce Task Force, COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors (Sept. 24, 2021); OMB determination (Sept. 24, 2021); OMB M-21-15, M-21-25 and Model Safety Principles (Ex. FED-274)	/library/FED-274	/exhibit/FED-274
Ex. FED-275	Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021)	Office of Management and Budget (Acting Director Shalanda D. Young)	Sept. 24, 2021	Office of Management and Budget (Acting Director Shalanda D. Young), Determination of the Promotion of Economy and Efficiency in Federal Contracting Pursuant to Executive Order No. 14042, 86 Fed. Reg. 53691 (Sept. 28, 2021) (Sept. 24, 2021) (Ex. FED-275)	/library/FED-275	/exhibit/FED-275
Ex. FED-278	Certification of Vaccination form (employees, onsite contractors and visitors), August 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277)	Aug. 6, 2021	Safer Federal Workforce Task Force (OMB control number 3206-0277), Certification of Vaccination form (employees, onsite contractors and visitors), August 2021 (Aug. 6, 2021) (Ex. FED-278)	/library/FED-278	/exhibit/FED-278
Ex. FED-279	Order of March 16, 2020 (COVID-19 building access)	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer)	Mar. 16, 2020	United States Court of Appeals for the Ninth Circuit (Order filed by the Clerk, Molly C. Dwyer), Order of March 16, 2020 (COVID-19 building access) (Mar. 16, 2020) (Ex. FED-279)	/library/FED-279	/exhibit/FED-279
Ex. FED-280	Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions	Secretary of Defense Lloyd J. Austin III	Mar. 15, 2021	Secretary of Defense Lloyd J. Austin III, Secretary of Defense Memorandum, Update to Conditions-based Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (Mar. 15, 2021) (Ex. FED-280)	/library/FED-280	/exhibit/FED-280
Ex. FED-281	Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019	Deputy Secretary of Defense David L. Norquist	Mar. 13, 2020	Deputy Secretary of Defense David L. Norquist, Deputy Secretary of Defense Memorandum, Stop Movement for all Domestic Travel for DoD Components in Response to Coronavirus Disease 2019 (Mar. 13, 2020) (Ex. FED-281)	/library/FED-281	/exhibit/FED-281
Ex. FED-282	Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions	Secretary of Defense Mark T. Esper	Apr. 20, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Modification and Reissuance of DoD Response to Coronavirus Disease 2019 - Travel Restrictions (Apr. 20, 2020) (Ex. FED-282)	/library/FED-282	/exhibit/FED-282
Ex. FED-283	Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22…	Secretary of Defense Mark T. Esper	May 22, 2020	Secretary of Defense Mark T. Esper, Secretary of Defense Memorandum, Transition to Conditions-based Phased Approach to Coronavirus Disease 2019 Personnel Movement and Travel Restrictions (May 22, 2020), updated June 29, 2020 and Oct. 5, 2020 (Ex. FED-283)	/library/FED-283	/exhibit/FED-283
Ex. FED-284	Order of the Chief Judge No. 20-042	Chief Judge Virginia A. Phillips	Mar. 19, 2020	Chief Judge Virginia A. Phillips, Order of the Chief Judge No. 20-042 (Mar. 19, 2020) (Ex. FED-284)	/library/FED-284	/exhibit/FED-284
Ex. FED-285	Order of the Chief Judge No. 20-078	Chief Judge Philip S. Gutierrez	June 1, 2020	Chief Judge Philip S. Gutierrez, Order of the Chief Judge No. 20-078 (June 1, 2020) (Ex. FED-285)	/library/FED-285	/exhibit/FED-285
Ex. FED-286	General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020)	Mar. 25, 2020	United States Court of Appeals for the Fifth Circuit (General Docket Order; certified copy issued by the Clerk Mar. 25, 2020), General Docket Order 2020-4 (COVID-19; court operations), Mar. 25, 2020 (Ex. FED-286)	/library/FED-286	/exhibit/FED-286
Ex. FED-288	General Order 2020-8	Chief Judge Philip A. Brimmer	May 6, 2020	Chief Judge Philip A. Brimmer, General Order 2020-8 (May 6, 2020) (Ex. FED-288)	/library/FED-288	/exhibit/FED-288
Ex. FED-290	Press release of March 12, 2020 (Building closed to the public)	Supreme Court of the United States (Public Information Office)	Mar. 12, 2020	Supreme Court of the United States (Public Information Office), Press release of March 12, 2020 (Building closed to the public) (Mar. 12, 2020) (Ex. FED-290)	/library/FED-290
Ex. FED-291	Press release of March 16, 2020 (postponement of the March 2020 argument session)	Supreme Court of the United States (Public Information Office)	Mar. 16, 2020	Supreme Court of the United States (Public Information Office), Press release of March 16, 2020 (postponement of the March 2020 argument session) (Mar. 16, 2020) (Ex. FED-291)	/library/FED-291	/exhibit/FED-291
Ex. FED-292	Order of March 19, 2020, 589 U.S. (Order List)	Supreme Court of the United States	Mar. 19, 2020	Supreme Court of the United States, Order of March 19, 2020, 589 U.S. (Order List) (Mar. 19, 2020) (Ex. FED-292)	/library/FED-292	/exhibit/FED-292
Ex. FED-293	Press release of April 3, 2020 (postponement of the April 2020 argument session)	Supreme Court of the United States (Public Information Office)	Apr. 3, 2020	Supreme Court of the United States (Public Information Office), Press release of April 3, 2020 (postponement of the April 2020 argument session) (Apr. 3, 2020) (Ex. FED-293)	/library/FED-293	/exhibit/FED-293
Ex. FED-294	Press release of April 13, 2020 (telephone arguments in May 2020)	Supreme Court of the United States (Public Information Office)	Apr. 13, 2020	Supreme Court of the United States (Public Information Office), Press release of April 13, 2020 (telephone arguments in May 2020) (Apr. 13, 2020) (Ex. FED-294)	/library/FED-294	/exhibit/FED-294
Ex. FED-295	Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of…	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020	Mar. 29, 2020	Judicial Conference of the United States (finding of Mar. 29, 2020), announced by the Administrative Office of the U.S. Courts on Mar. 31, 2020, Judicial Conference finding under CARES Act § 15002 that emergency conditions due to the COVID-19 national emergency will materially affect the functioning of the federal courts generally (Mar. 29, 2020) (Ex. FED-295)	/library/FED-295	/exhibit/FED-295
Ex. FED-296	Tenth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Feb. 12, 2021	Chief Judge Rebecca R. Pallmeyer, Tenth Amended General Order 20-0012 (Feb. 12, 2021) (Ex. FED-296)	/library/FED-296	/exhibit/FED-296
Ex. FED-297	Amended General Order 21-0006 (May 26, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	May 26, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (May 26, 2021) (Ex. FED-297)	/library/FED-297	/exhibit/FED-297
Ex. FED-298	Amended General Order 21-0006 (Sept. 15, 2021)	Chief Judge Rebecca R. Pallmeyer (Executive Committee)	Sept. 15, 2021	Chief Judge Rebecca R. Pallmeyer (Executive Committee), Amended General Order 21-0006 (Sept. 15, 2021) (Ex. FED-298)	/library/FED-298	/exhibit/FED-298
Ex. FED-299	Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses	Chief Judge Rebecca R. Pallmeyer	July 30, 2021	Chief Judge Rebecca R. Pallmeyer, Third Amended Order Concerning Face Masks/Coverings in Public Areas of Courthouses (July 30, 2021) (Ex. FED-299)	/library/FED-299	/exhibit/FED-299
Ex. FED-300	General Order 21-0033	Executive Committee and Restart Task Force of the Court (unanimous vote)	Sept. 20, 2021	Executive Committee and Restart Task Force of the Court (unanimous vote), General Order 21-0033 (Sept. 20, 2021) (Ex. FED-300)	/library/FED-300	/exhibit/FED-300
Ex. FED-301	Fifth Amended General Order 20-0022	Chief Judge Rebecca R. Pallmeyer	June 21, 2021	Chief Judge Rebecca R. Pallmeyer, Fifth Amended General Order 20-0022 (June 21, 2021) (Ex. FED-301)	/library/FED-301	/exhibit/FED-301
Ex. FED-302	Standing Order 20-13	Chief Judge Freda L. Wolfson	May 22, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-13 (May 22, 2020) (Ex. FED-302)	/library/FED-302	/exhibit/FED-302
Ex. FED-303	Standing Order 20-17	Chief Judge Freda L. Wolfson	Nov. 25, 2020	Chief Judge Freda L. Wolfson, Standing Order 20-17 (Nov. 25, 2020) (Ex. FED-303)	/library/FED-303	/exhibit/FED-303
Ex. FED-304	Third Extension of Standing Order 20-12	Chief Judge Freda L. Wolfson	Dec. 17, 2020	Chief Judge Freda L. Wolfson, Third Extension of Standing Order 20-12 (Dec. 17, 2020) (Ex. FED-304)	/library/FED-304	/exhibit/FED-304
Ex. FED-305	Standing Order 21-02	Chief Judge Freda L. Wolfson	Mar. 17, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-02 (Mar. 17, 2021) (Ex. FED-305)	/library/FED-305	/exhibit/FED-305
Ex. FED-306	Standing Order 21-04	Chief Judge Freda L. Wolfson	Mar. 11, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-04 (Mar. 11, 2021) (Ex. FED-306)	/library/FED-306	/exhibit/FED-306
Ex. FED-307	Updated Amended Standing Order 21-04	Chief Judge Freda L. Wolfson	Sept. 3, 2021	Chief Judge Freda L. Wolfson, Updated Amended Standing Order 21-04 (Sept. 3, 2021) (Ex. FED-307)	/library/FED-307	/exhibit/FED-307
Ex. FED-308	Standing Order 21-08	Chief Judge Freda L. Wolfson	Sept. 13, 2021	Chief Judge Freda L. Wolfson, Standing Order 21-08 (Sept. 13, 2021) (Ex. FED-308)	/library/FED-308	/exhibit/FED-308
Ex. FED-310	Second Amended Standing Order 2020-02	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Second Amended Standing Order 2020-02 (Mar. 20, 2020) (Ex. FED-310)	/library/FED-310	/exhibit/FED-310
Ex. FED-311	Standing Order 2020-04	Chief Judge James K. Bredar	Mar. 16, 2020	Chief Judge James K. Bredar, Standing Order 2020-04 (Mar. 16, 2020) (Ex. FED-311)	/library/FED-311	/exhibit/FED-311
Ex. FED-312	Standing Order 2020-05	Chief Judge James K. Bredar	Mar. 20, 2020	Chief Judge James K. Bredar, Standing Order 2020-05 (Mar. 20, 2020) (Ex. FED-312)	/library/FED-312	/exhibit/FED-312
Ex. FED-313	Amended Standing Order 2021-07	Chief Judge James K. Bredar	June 23, 2021	Chief Judge James K. Bredar, Amended Standing Order 2021-07 (June 23, 2021) (Ex. FED-313)	/library/FED-313	/exhibit/FED-313
Ex. FED-316	Fourth Amendment to General Order 20-01	Chief Judge Thomas W. Thrash, Jr.	July 31, 2020	Chief Judge Thomas W. Thrash, Jr, Fourth Amendment to General Order 20-01 (July 31, 2020) (Ex. FED-316)	/library/FED-316	/exhibit/FED-316
Ex. FED-317	General Order 72	Chief Judge Phyllis J. Hamilton	Mar. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72 (Mar. 16, 2020) (Ex. FED-317)	/library/FED-317	/exhibit/FED-317
Ex. FED-318	General Order 72-2	Chief Judge Phyllis J. Hamilton	Apr. 30, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-2 (Apr. 30, 2020) (Ex. FED-318)	/library/FED-318	/exhibit/FED-318
Ex. FED-319	Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa…	U.S. Department of State, Bureau of Consular Affairs	Mar. 26, 2020	U.S. Department of State, Bureau of Consular Affairs, Important Announcement on H2 Visas (Mar. 26, 2020): expanded interview-waiver processing for H-2A and H-2B applicants during the suspension of routine visa services (Ex. FED-319)	/library/FED-319
Ex. FED-320	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule)	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services	Apr. 20, 2020	U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 21739 (Apr. 20, 2020) (temporary final rule) (Ex. FED-320)	/library/FED-320	/exhibit/FED-320
Ex. FED-321	Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule)	U.S. Department of Homeland Security, USCIS	May 14, 2020	U.S. Department of Homeland Security, USCIS, Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 85 Fed. Reg. 28843 (May 14, 2020) (temporary final rule) (Ex. FED-321)	/library/FED-321	/exhibit/FED-321
Ex. FED-322	Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg.…	DHS, USCIS	Aug. 20, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants Due To the COVID-19 National Emergency: Partial Extension of Certain Flexibilities, 85 Fed. Reg. 51304 (Aug. 20, 2020) (Ex. FED-322)	/library/FED-322	/exhibit/FED-322
Ex. FED-323	Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291…	DHS, USCIS	Dec. 18, 2020	DHS, USCIS, Temporary Changes to Requirements Affecting H-2A Nonimmigrants due to the COVID-19 National Emergency: Extension of Certain Flexibilities, 85 Fed. Reg. 82291 (Dec. 18, 2020) (Ex. FED-323)	/library/FED-323	/exhibit/FED-323
Ex. FED-324	USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020	U.S. Citizenship and Immigration Services	Mar. 17, 2020	U.S. Citizenship and Immigration Services, USCIS alert of Mar. 17, 2020: USCIS Temporarily Closing Offices to the Public (Mar. 18 - Apr. 1, 2020), extended to May 3 and then to June 3, 2020 (Ex. FED-324)	/library/FED-324	/exhibit/FED-324
Ex. FED-325	USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4	U.S. Citizenship and Immigration Services	May 27, 2020	U.S. Citizenship and Immigration Services, USCIS alert of May 27, 2020: USCIS Preparing to Resume Public Services on June 4 (Ex. FED-325)	/library/FED-325	/exhibit/FED-325
Ex. FED-327	Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020)	U.S. Department of State, Bureau of Consular Affairs	Mar. 20, 2020	U.S. Department of State, Bureau of Consular Affairs, Suspension of Routine Visa Services (announcement of Mar. 18, 2020, last updated Mar. 20, 2020) (Ex. FED-327)	/library/FED-327	/exhibit/FED-327
Ex. FED-328	Phased Resumption of Routine Visa Services (announcement of July 14, 2020)	U.S. Department of State, Bureau of Consular Affairs	July 14, 2020	U.S. Department of State, Bureau of Consular Affairs, Phased Resumption of Routine Visa Services (announcement of July 14, 2020) (Ex. FED-328)	/library/FED-328	/exhibit/FED-328
Ex. FED-331	General Order 72-4	Chief Judge Phyllis J. Hamilton	June 24, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-4 (June 24, 2020) (Ex. FED-331)	/library/FED-331	/exhibit/FED-331
Ex. FED-332	General Order 72-5	Chief Judge Phyllis J. Hamilton	July 23, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-5 (July 23, 2020) (Ex. FED-332)	/library/FED-332	/exhibit/FED-332
Ex. FED-333	General Order 72-6	Chief Judge Phyllis J. Hamilton	Sept. 16, 2020	Chief Judge Phyllis J. Hamilton, General Order 72-6 (Sept. 16, 2020) (Ex. FED-333)	/library/FED-333	/exhibit/FED-333
Ex. FED-334	General Order 73 (Amended May 21, 2020)	Chief Judge Phyllis J. Hamilton	May 21, 2020	Chief Judge Phyllis J. Hamilton, General Order 73 (Amended May 21, 2020) (Ex. FED-334)	/library/FED-334	/exhibit/FED-334
Ex. FED-336	General Order 77	Chief Judge Phyllis J. Hamilton	June 9, 2020	Chief Judge Phyllis J. Hamilton, General Order 77 (June 9, 2020) (Ex. FED-336)	/library/FED-336	/exhibit/FED-336
Ex. FED-337	General Order 78	Chief Judge Richard Seeborg	June 23, 2021	Chief Judge Richard Seeborg, General Order 78 (June 23, 2021) (Ex. FED-337)	/library/FED-337	/exhibit/FED-337
Ex. FED-338	General Order 20-0012 (original)	Chief Judge Rebecca R. Pallmeyer	Mar. 12, 2020	Chief Judge Rebecca R. Pallmeyer, General Order 20-0012 (original) (Mar. 12, 2020) (Ex. FED-338)	/library/FED-338	/exhibit/FED-338
Ex. FED-339	Eighth Amended General Order 20-0012	Chief Judge Rebecca R. Pallmeyer	Nov. 13, 2020	Chief Judge Rebecca R. Pallmeyer, Eighth Amended General Order 20-0012 (Nov. 13, 2020) (Ex. FED-339)	/library/FED-339	/exhibit/FED-339
Ex. FED-340	CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video…	Congress (Pub. L. 116-136, signed Mar. 27, 2020)	Mar. 27, 2020	Congress (Pub. L. 116-136, signed Mar. 27, 2020), CARES Act §§ 4022-4024 (foreclosure moratorium and forbearance; multifamily forbearance; temporary moratorium on eviction filings) and § 15002 (video teleconferencing for criminal proceedings) (Mar. 27, 2020) (Ex. FED-340)	/library/FED-340	/exhibit/FED-340
Ex. FED-342	Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020…	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors	Apr. 7, 2020	Federal Reserve Board, FDIC, NCUA, OCC, CFPB and the Conference of State Bank Supervisors, Interagency Statement on Loan Modifications and Reporting for Financial Institutions Working with Customers Affected by the Coronavirus (Revised) (Apr. 7, 2020; original Mar. 22, 2020) (Ex. FED-342)	/library/FED-342	/exhibit/FED-342
Ex. FED-343	Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85…	Bureau of Consumer Financial Protection	June 30, 2020	Bureau of Consumer Financial Protection, Treatment of Certain COVID-19 Related Loss Mitigation Options Under the Real Estate Settlement Procedures Act (RESPA) (Regulation X) (interim final rule), 85 Fed. Reg. 39055 (June 30, 2020) (Ex. FED-343)	/library/FED-343	/exhibit/FED-343
Ex. FED-344	Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg.…	Bureau of Consumer Financial Protection	June 25, 2021	Bureau of Consumer Financial Protection, Protections for Borrowers Affected by the COVID-19 Emergency Under the Real Estate Settlement Procedures Act (RESPA), Regulation X (final rule), 86 Fed. Reg. 34848 (June 30, 2021) (June 25, 2021) (Ex. FED-344)	/library/FED-344	/exhibit/FED-344
Ex. FED-345	Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020)	President Donald J. Trump (Memorandum for the Secretary of Education)	Aug. 8, 2020	President Donald J. Trump (Memorandum for the Secretary of Education), Memorandum of August 8, 2020, Continued Student Loan Payment Relief During the COVID-19 Pandemic, 85 Fed. Reg. 49585 (Aug. 13, 2020) (Aug. 8, 2020) (Ex. FED-345)	/library/FED-345	/exhibit/FED-345
Ex. FED-346	FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac	Mar. 18, 2020	Federal Housing Finance Agency (Director Mark Calabria), directing Fannie Mae and Freddie Mac, FHFA news release of Mar. 18, 2020: FHFA Suspends Foreclosures and Evictions for Enterprise-Backed Mortgages (Ex. FED-346)	/library/FED-346	/exhibit/FED-346
Ex. FED-348	FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020)	Federal Housing Finance Agency	June 17, 2020	Federal Housing Finance Agency, FHFA news release of June 17, 2020: FHFA Extends Foreclosure and Eviction Moratorium (to Aug. 31, 2020) (Ex. FED-348)	/library/FED-348	/exhibit/FED-348
Ex. FED-349	FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020)	Federal Housing Finance Agency	Aug. 27, 2020	Federal Housing Finance Agency, FHFA news release of Aug. 27, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Dec. 31, 2020) (Ex. FED-349)	/library/FED-349	/exhibit/FED-349
Ex. FED-350	FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021)	Federal Housing Finance Agency	Dec. 2, 2020	Federal Housing Finance Agency, FHFA news release of Dec. 2, 2020: FHFA Extends Foreclosure and REO Eviction Moratoriums (to Jan. 31, 2021) (Ex. FED-350)	/library/FED-350	/exhibit/FED-350
Ex. FED-353	FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18…	Federal Housing Finance Agency	Feb. 25, 2021	Federal Housing Finance Agency, FHFA news release of Feb. 25, 2021: FHFA Extends COVID-19 Forbearance Period and Foreclosure and REO Eviction Moratoriums (to June 30, 2021; forbearance to 18 months) (Ex. FED-353)	/library/FED-353	/exhibit/FED-353
Ex. FED-354	FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021)	Federal Housing Finance Agency	June 24, 2021	Federal Housing Finance Agency, FHFA news release of June 24, 2021: FHFA Extends COVID-19 Foreclosure and REO Eviction Moratoriums (to July 31, 2021) (Ex. FED-354)	/library/FED-354	/exhibit/FED-354
Ex. FED-355	FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date)	July 30, 2021	Federal Housing Finance Agency (with the Agencies' Joint Statement on Agency Actions to Prevent Evictions of the same date), FHFA news release of July 30, 2021: FHFA Extends COVID-19 REO Eviction Moratorium Through September 30, 2021 (Ex. FED-355)	/library/FED-355	/exhibit/FED-355
Ex. FED-356	Mortgagee Letter 2020-04	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner)	Mar. 18, 2020	U.S. Department of Housing and Urban Development, Federal Housing Administration (Assistant Secretary for Housing - Federal Housing Commissioner), Mortgagee Letter 2020-04 (Mar. 18, 2020) (Ex. FED-356)	/library/FED-356	/exhibit/FED-356
Ex. FED-359	Mortgagee Letter 2020-19	HUD, Federal Housing Administration	June 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-19 (June 17, 2020) (Ex. FED-359)	/library/FED-359
Ex. FED-360	Mortgagee Letter 2020-27	HUD, Federal Housing Administration	Aug. 27, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-27 (Aug. 27, 2020) (Ex. FED-360)	/library/FED-360	/exhibit/FED-360
Ex. FED-361	Mortgagee Letter 2020-43	HUD, Federal Housing Administration	Dec. 17, 2020	HUD, Federal Housing Administration, Mortgagee Letter 2020-43 (Dec. 17, 2020) (Ex. FED-361)	/library/FED-361	/exhibit/FED-361
Ex. FED-362	Mortgagee Letter 2021-03	HUD, Federal Housing Administration	Jan. 21, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-03 (Jan. 21, 2021) (Ex. FED-362)	/library/FED-362	/exhibit/FED-362
Ex. FED-363	Mortgagee Letter 2021-05	HUD, Federal Housing Administration	Feb. 16, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-05 (Feb. 16, 2021) (Ex. FED-363)	/library/FED-363	/exhibit/FED-363
Ex. FED-364	Mortgagee Letter 2021-15	HUD, Federal Housing Administration	June 25, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-15 (June 25, 2021) (Ex. FED-364)	/library/FED-364	/exhibit/FED-364
Ex. FED-365	Mortgagee Letter 2021-18	HUD, Federal Housing Administration	July 23, 2021	HUD, Federal Housing Administration, Mortgagee Letter 2021-18 (July 23, 2021) (Ex. FED-365)	/library/FED-365	/exhibit/FED-365
Ex. FED-367	Circular 26-20-7	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service	Mar. 16, 2020	Department of Veterans Affairs, Veterans Benefits Administration, Loan Guaranty Service, Circular 26-20-7 (Mar. 16, 2020) (Ex. FED-367)	/library/FED-367	/exhibit/FED-367
Ex. FED-368	Circular 26-20-8	VA, Loan Guaranty Service	Mar. 18, 2020	VA, Loan Guaranty Service, Circular 26-20-8 (Mar. 18, 2020) (Ex. FED-368)	/library/FED-368	/exhibit/FED-368
Ex. FED-369	Circular 26-20-12	VA, Loan Guaranty Service	Apr. 8, 2020	VA, Loan Guaranty Service, Circular 26-20-12 (Apr. 8, 2020) (Ex. FED-369)	/library/FED-369	/exhibit/FED-369
Ex. FED-371	Circular 26-20-22	VA, Loan Guaranty Service	June 17, 2020	VA, Loan Guaranty Service, Circular 26-20-22 (June 17, 2020) (Ex. FED-371)	/library/FED-371	/exhibit/FED-371
Ex. FED-372	Circular 26-20-23	VA, Loan Guaranty Service	June 18, 2020	VA, Loan Guaranty Service, Circular 26-20-23 (June 18, 2020) (Ex. FED-372)	/library/FED-372	/exhibit/FED-372
Ex. FED-373	Circular 26-20-29	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-29 (Aug. 24, 2020) (Ex. FED-373)	/library/FED-373	/exhibit/FED-373
Ex. FED-374	Circular 26-20-30	VA, Loan Guaranty Service	Aug. 24, 2020	VA, Loan Guaranty Service, Circular 26-20-30 (Aug. 24, 2020) (Ex. FED-374)	/library/FED-374	/exhibit/FED-374
Ex. FED-375	Circular 26-20-40	VA, Loan Guaranty Service	Dec. 28, 2020	VA, Loan Guaranty Service, Circular 26-20-40 (Dec. 28, 2020) (Ex. FED-375)	/library/FED-375	/exhibit/FED-375
Ex. FED-376	Circular 26-21-2	VA, Loan Guaranty Service	Jan. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-2 (Jan. 29, 2021) (Ex. FED-376)	/library/FED-376	/exhibit/FED-376
Ex. FED-377	Circular 26-21-5	VA, Loan Guaranty Service	Feb. 16, 2021	VA, Loan Guaranty Service, Circular 26-21-5 (Feb. 16, 2021) (Ex. FED-377)	/library/FED-377
Ex. FED-378	Circular 26-21-10	VA, Loan Guaranty Service	June 25, 2021	VA, Loan Guaranty Service, Circular 26-21-10 (June 25, 2021) (Ex. FED-378)	/library/FED-378	/exhibit/FED-378
Ex. FED-379	Circular 26-21-14	VA, Loan Guaranty Service	July 30, 2021	VA, Loan Guaranty Service, Circular 26-21-14 (July 30, 2021) (Ex. FED-379)	/library/FED-379	/exhibit/FED-379
Ex. FED-380	Circular 26-21-20	VA, Loan Guaranty Service	Sept. 29, 2021	VA, Loan Guaranty Service, Circular 26-21-20 (Sept. 29, 2021) (Ex. FED-380)	/library/FED-380	/exhibit/FED-380
Ex. FED-381	USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and…	U.S. Department of Agriculture, Rural Development	Mar. 19, 2020	U.S. Department of Agriculture, Rural Development, USDA Rural Development foreclosure and eviction moratorium for Single Family Housing Direct and Guaranteed loan borrowers: Mar. 19, 2020 (60 days) and extensions to June 30, Aug. 31 and Dec. 31, 2020 (releases of May 2020, June 2020 and Aug./Sept. 2020) (Ex. FED-381)	/library/FED-381
Ex. FED-382	USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and…	USDA Rural Development	Dec. 28, 2020	USDA Rural Development, USDA Rural Development releases of Dec. 2020, Jan. 2021 and Feb. 16-17, 2021 extending the Single Family Housing foreclosure and eviction moratorium and forbearance options (to Jan. 31, Feb. 28 and June 30, 2021) (Dec. 28, 2020) (Ex. FED-382)	/library/FED-382
Ex. FED-384	USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021…	USDA Rural Development (with the White House announcement of June 24, 2021)	June 24, 2021	USDA Rural Development (with the White House announcement of June 24, 2021), USDA Rural Development release of June 24-25, 2021: Biden-Harris Administration Extends Foreclosure Moratorium and Provides Relief (moratorium to July 31, 2021; forbearance enrollment to Sept. 30, 2021) (June 24, 2021) (Ex. FED-384)	/library/FED-384
Ex. FED-385	USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021)	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021)	July 30, 2021	USDA Rural Development (with the Agencies' Joint Statement of July 30, 2021), USDA Rural Development release of July 30, 2021: Biden-Harris Administration Extends Eviction Moratorium for Homeowners (to Sept. 30, 2021) (Ex. FED-385)	/library/FED-385	/exhibit/FED-385
Ex. FED-386	Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus…	Secretary of the Interior David L. Bernhardt	Mar. 22, 2020	Secretary of the Interior David L. Bernhardt, Secretary of the Interior memorandum, Ensuring the Continued Performance of the Mission of the Department of the Interior during the Global Coronavirus (COVID-19) Pandemic (Mar. 22, 2020) (Ex. FED-386)	/library/FED-386	/exhibit/FED-386
Ex. FED-387	NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify…	Secretary of the Interior David L. Bernhardt; National Park Service	Mar. 18, 2020	Secretary of the Interior David L. Bernhardt; National Park Service, NPS news release of Mar. 18, 2020: National Park Service to Temporarily Suspend Park Entrance Fees (with the accompanying direction that superintendents modify operations and close facilities) (Ex. FED-387)	/library/FED-387	/exhibit/FED-387
Ex. FED-389	BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon	Bureau of Land Management, Oregon/Washington State Office and District Managers	Mar. 27, 2020	Bureau of Land Management, Oregon/Washington State Office and District Managers, BLM news release of Mar. 27, 2020: BLM temporarily closes developed recreation facilities in Oregon (Ex. FED-389)	/library/FED-389	/exhibit/FED-389
Ex. FED-390	Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors	Bureau of Reclamation	Mar. 17, 2020	Bureau of Reclamation, Reclamation news release of Mar. 17, 2020: Hoover Dam temporarily closed to all visitors (Ex. FED-390)	/library/FED-390	/exhibit/FED-390
Ex. FED-391	USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only	U.S. Department of Agriculture, Farm Production and Conservation mission area	Mar. 23, 2020	U.S. Department of Agriculture, Farm Production and Conservation mission area, USDA announcement of Mar. 23, 2020: USDA Service Centers Open for Business by Phone Appointment Only (Ex. FED-391)	/library/FED-391
Ex. FED-393	USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain…	U.S. Army Corps of Engineers Headquarters and district commanders	Mar. 17, 2020	U.S. Army Corps of Engineers Headquarters and district commanders, USACE district closures of recreation areas, campgrounds, visitor centers and project offices (March 2020); HQ release 'Army Corps-managed campgrounds to remain closed until further notice' (April 2020); gradual reopening release of May 21, 2020 (Mar. 17, 2020) (Ex. FED-393)	/library/FED-393
Ex. FED-396	The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through…	The President and the White House Coronavirus Task Force (with CDC)	Mar. 16, 2020	The President and the White House Coronavirus Task Force (with CDC), The President's Coronavirus Guidelines for America: 15 Days to Slow the Spread (Mar. 16, 2020), extended Mar. 29, 2020 as 30 Days to Slow the Spread through Apr. 30, 2020 (Ex. FED-396)	/library/FED-396	/exhibit/FED-396
Ex. FED-398	H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health…	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020)	May 15, 2020	U.S. House of Representatives (H.Res. 965, 116th Cong., agreed to May 15, 2020), H.Res. 965, Authorizing remote voting by proxy in the House of Representatives and providing for official remote committee proceedings during a public health emergency due to a novel coronavirus (May 15, 2020) (Ex. FED-398)	/library/FED-398	/exhibit/FED-398
Ex. LAW-001	CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351)	United States Congress	Mar. 27, 2020	United States Congress, CARES Act, Pub. L. 116-136, 134 Stat. 281 (Mar. 27, 2020) (Statutes at Large pages; sec. 2301 at 347-351) (Ex. LAW-001)	/library/LAW-001	/exhibit/LAW-001
Ex. LAW-002	Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs.…	United States Congress	Dec. 27, 2020	United States Congress, Consolidated Appropriations Act, 2021, Pub. L. 116-260, 134 Stat. 1182 (Dec. 27, 2020) (div. EE, Taxpayer Certainty and Disaster Tax Relief Act of 2020, secs. 206-207 at 134 Stat. 3059-3065) (Ex. LAW-002)	/library/LAW-002	/exhibit/LAW-002
Ex. LAW-003	American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182)	United States Congress	Mar. 11, 2021	United States Congress, American Rescue Plan Act of 2021, Pub. L. 117-2, 135 Stat. 4 (Mar. 11, 2021) (sec. 9651 at 176-182) (Ex. LAW-003)	/library/LAW-003	/exhibit/LAW-003
Ex. LAW-004	Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341)	United States Congress	Nov. 15, 2021	United States Congress, Infrastructure Investment and Jobs Act, Pub. L. 117-58, 135 Stat. 429 (Nov. 15, 2021) (sec. 80604 at 1341) (Ex. LAW-004)	/library/LAW-004	/exhibit/LAW-004
Ex. OR-001	Executive Order 20-03	Governor Kate Brown	Mar. 8, 2020	Governor Kate Brown, Executive Order 20-03 (Mar. 8, 2020) (Ex. OR-001)	/library/OR-001	/exhibit/OR-001
Ex. OR-003	Executive Order 20-07	Governor Kate Brown	Mar. 17, 2020	Governor Kate Brown, Executive Order 20-07 (Mar. 17, 2020) (Ex. OR-003)	/library/OR-003	/exhibit/OR-003
Ex. OR-004	Executive Order 20-08	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers)	Mar. 17, 2020	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-08 (Mar. 17, 2020) (Ex. OR-004)	/library/OR-004	/exhibit/OR-004
Ex. OR-005	Executive Order 20-10	Governor Kate Brown	Mar. 19, 2020	Governor Kate Brown, Executive Order 20-10 (Mar. 19, 2020) (Ex. OR-005)	/library/OR-005	/exhibit/OR-005
Ex. OR-006	Executive Order 20-11	Governor Kate Brown	Mar. 22, 2020	Governor Kate Brown, Executive Order 20-11 (Mar. 22, 2020) (Ex. OR-006)	/library/OR-006	/exhibit/OR-006
Ex. OR-007	Executive Order 20-12	Governor Kate Brown	Mar. 23, 2020	Governor Kate Brown, Executive Order 20-12 (Mar. 23, 2020) (Ex. OR-007)	/library/OR-007	/exhibit/OR-007
Ex. OR-008	Emergency Order to all insurers of March 25, 2020 (described in DFR's Emergency Order FAQ of March 31, 2020)	Department of Consumer and Business Services, Division of Financial Regulation (Director Andrew Stolfi)	Mar. 25, 2020	Department of Consumer and Business Services, Division of Financial Regulation (Director Andrew Stolfi), Emergency Order to all insurers of March 25, 2020 (described in DFR's Emergency Order FAQ of March 31, 2020) (Mar. 25, 2020) (Ex. OR-008)	/library/OR-008	/exhibit/OR-008
Ex. OR-009	Chief Justice Order 20-006 (Amended)	Chief Justice Martha L. Walters, Oregon Supreme Court	Mar. 27, 2020	Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-006 (Amended) (Mar. 27, 2020) (Ex. OR-009)	/library/OR-009	/exhibit/OR-009
Ex. OR-010	Executive Order 20-13	Governor Kate Brown	Apr. 1, 2020	Governor Kate Brown, Executive Order 20-13 (Apr. 1, 2020) (Ex. OR-010)	/library/OR-010	/exhibit/OR-010
Ex. OR-011	Executive Order 20-14	Governor Kate Brown	Apr. 7, 2020	Governor Kate Brown, Executive Order 20-14 (Apr. 7, 2020) (Ex. OR-011)	/library/OR-011	/exhibit/OR-011
Ex. OR-012	Executive Order 20-16	Governor Kate Brown	Apr. 15, 2020	Governor Kate Brown, Executive Order 20-16 (Apr. 15, 2020) (Ex. OR-012)	/library/OR-012	/exhibit/OR-012
Ex. OR-013	Executive Order 20-19	Governor Kate Brown	Apr. 23, 2020	Governor Kate Brown, Executive Order 20-19 (Apr. 23, 2020) (Ex. OR-013)	/library/OR-013	/exhibit/OR-013
Ex. OR-014	Executive Order 20-20	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers)	Apr. 23, 2020	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-20 (Apr. 23, 2020) (Ex. OR-014)	/library/OR-014	/exhibit/OR-014
Ex. OR-015	Executive Order 20-22	Governor Kate Brown	Apr. 27, 2020	Governor Kate Brown, Executive Order 20-22 (Apr. 27, 2020) (Ex. OR-015)	/library/OR-015	/exhibit/OR-015
Ex. OR-016	Executive Order 20-24	Governor Kate Brown	May 1, 2020	Governor Kate Brown, Executive Order 20-24 (May 1, 2020) (Ex. OR-016)	/library/OR-016	/exhibit/OR-016
Ex. OR-017	Executive Order 20-25	Governor Kate Brown	May 14, 2020	Governor Kate Brown, Executive Order 20-25 (May 14, 2020) (Ex. OR-017)	/library/OR-017	/exhibit/OR-017
Ex. OR-018	Chief Justice Order 20-016	Chief Justice Martha L. Walters, Oregon Supreme Court	May 15, 2020	Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 20-016 (May 15, 2020) (Ex. OR-018)	/library/OR-018	/exhibit/OR-018
Ex. OR-019	Property and Casualty Insurance Order (May 22, 2020)	Director, Department of Consumer and Business Services (Division of Financial Regulation)	May 22, 2020	Director, Department of Consumer and Business Services (Division of Financial Regulation), Property and Casualty Insurance Order (May 22, 2020) (Ex. OR-019)	/library/OR-019	/exhibit/OR-019
Ex. OR-020	Executive Order 20-27	Governor Kate Brown	June 5, 2020	Governor Kate Brown, Executive Order 20-27 (June 5, 2020) (Ex. OR-020)	/library/OR-020	/exhibit/OR-020
Ex. OR-021	Executive Order 20-28	Governor Kate Brown	June 12, 2020	Governor Kate Brown, Executive Order 20-28 (June 12, 2020) (Ex. OR-021)	/library/OR-021	/exhibit/OR-021
Ex. OR-022	Executive Order 20-29	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers)	June 24, 2020	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 20-29 (June 24, 2020) (Ex. OR-022)	/library/OR-022	/exhibit/OR-022
Ex. OR-023	Executive Order 20-30	Governor Kate Brown	June 30, 2020	Governor Kate Brown, Executive Order 20-30 (June 30, 2020) (Ex. OR-023)	/library/OR-023	/exhibit/OR-023
Ex. OR-024	House Bill 4213 (2020)	Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown	June 30, 2020	Oregon Legislative Assembly (80th, 2020 First Special Session); signed by Governor Brown, House Bill 4213 (2020) (June 30, 2020) (Ex. OR-024)	/library/OR-024	/exhibit/OR-024
Ex. OR-025	OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version)	Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26)	July 24, 2020	Oregon Health Authority, Office of the Director (under EO 20-27 para. 4 and 26), OHA Statewide Mask, Face Shield, Face Covering Guidance (OHA 2288K, July 24, 2020 version) (Ex. OR-025)	/library/OR-025	/exhibit/OR-025
Ex. OR-026	Executive Order 20-37	Governor Kate Brown	Aug. 31, 2020	Governor Kate Brown, Executive Order 20-37 (Aug. 31, 2020) (Ex. OR-026)	/library/OR-026	/exhibit/OR-026
Ex. OR-027	Executive Order 20-38	Governor Kate Brown	Sept. 1, 2020	Governor Kate Brown, Executive Order 20-38 (Sept. 1, 2020) (Ex. OR-027)	/library/OR-027	/exhibit/OR-027
Ex. OR-028	Executive Order 20-56	Governor Kate Brown	Sept. 30, 2020	Governor Kate Brown, Executive Order 20-56 (Sept. 30, 2020) (Ex. OR-028)	/library/OR-028	/exhibit/OR-028
Ex. OR-029	Executive Order 20-58	Governor Kate Brown	Oct. 23, 2020	Governor Kate Brown, Executive Order 20-58 (Oct. 23, 2020) (Ex. OR-029)	/library/OR-029	/exhibit/OR-029
Ex. OR-030	Executive Order 20-59	Governor Kate Brown	Oct. 27, 2020	Governor Kate Brown, Executive Order 20-59 (Oct. 27, 2020) (Ex. OR-030)	/library/OR-030	/exhibit/OR-030
Ex. OR-031	Two-Week Pause on Social Activities (Governor's announcement of Nov. 6, 2020; OHA guidance)	Governor Kate Brown (implemented through OHA guidance under EO 20-27)	Nov. 6, 2020	Governor Kate Brown (implemented through OHA guidance under EO 20-27), Two-Week Pause on Social Activities (Governor's announcement of Nov. 6, 2020; OHA guidance) (Ex. OR-031)	/library/OR-031	/exhibit/OR-031
Ex. OR-032	Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020)	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services	Nov. 6, 2020	Oregon Occupational Safety and Health Division (Oregon OSHA), Department of Consumer and Business Services, Oregon OSHA Administrative Order 3-2020 (temporary rule), OAR 437-001-0744 (corrected by AO 4-2020, Dec. 11, 2020) (Nov. 6, 2020) (Ex. OR-032)	/library/OR-032	/exhibit/OR-032
Ex. OR-033	Executive Order 20-65	Governor Kate Brown	Nov. 17, 2020	Governor Kate Brown, Executive Order 20-65 (Nov. 17, 2020) (Ex. OR-033)	/library/OR-033	/exhibit/OR-033
Ex. OR-034	OLCC COVID-19 Freeze Period Alcohol FAQs (Nov. 20, 2020)	Oregon Liquor Control Commission	Nov. 20, 2020	Oregon Liquor Control Commission, OLCC COVID-19 Freeze Period Alcohol FAQs (Nov. 20, 2020) (Ex. OR-034)	/library/OR-034	/exhibit/OR-034
Ex. OR-035	Executive Order 20-66	Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance)	Dec. 2, 2020	Governor Kate Brown (OHA assigns Risk Levels and issues binding sector guidance), Executive Order 20-66 (Dec. 2, 2020) (Ex. OR-035)	/library/OR-035	/exhibit/OR-035
Ex. OR-036	Executive Order 20-67	Governor Kate Brown	Dec. 17, 2020	Governor Kate Brown, Executive Order 20-67 (Dec. 17, 2020) (Ex. OR-036)	/library/OR-036	/exhibit/OR-036
Ex. OR-037	House Bill 4401 (2020)	Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown	Dec. 23, 2020	Oregon Legislative Assembly (80th, 2020 Third Special Session); signed by Governor Brown, House Bill 4401 (2020) (Dec. 23, 2020) (Ex. OR-037)	/library/OR-037	/exhibit/OR-037
Ex. OR-038	Executive Order 21-05	Governor Kate Brown	Feb. 25, 2021	Governor Kate Brown, Executive Order 21-05 (Feb. 25, 2021) (Ex. OR-038)	/library/OR-038	/exhibit/OR-038
Ex. OR-039	Executive Order 21-06	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers)	Mar. 12, 2021	Governor Kate Brown (as Superintendent of Public Instruction and under emergency powers), Executive Order 21-06 (Mar. 12, 2021) (Ex. OR-039)	/library/OR-039	/exhibit/OR-039
Ex. OR-040	Executive Order 21-10	Governor Kate Brown	Apr. 29, 2021	Governor Kate Brown, Executive Order 21-10 (Apr. 29, 2021) (Ex. OR-040)	/library/OR-040	/exhibit/OR-040
Ex. OR-041	Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744	Oregon OSHA, Department of Consumer and Business Services	May 4, 2021	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 2-2021 (permanent rule), OAR 437-001-0744 (May 4, 2021) (Ex. OR-041)	/library/OR-041	/exhibit/OR-041
Ex. OR-042	Executive Order 21-14	Governor Kate Brown	June 11, 2021	Governor Kate Brown, Executive Order 21-14 (June 11, 2021) (Ex. OR-042)	/library/OR-042	/exhibit/OR-042
Ex. OR-043	Executive Order 21-15	Governor Kate Brown	June 25, 2021	Governor Kate Brown, Executive Order 21-15 (June 25, 2021) (Ex. OR-043)	/library/OR-043	/exhibit/OR-043
Ex. OR-044	Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744)	Oregon OSHA, Department of Consumer and Business Services	June 30, 2021	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 5-2021 (temporary amendment of OAR 437-001-0744) (June 30, 2021) (Ex. OR-044)	/library/OR-044	/exhibit/OR-044
Ex. OR-045	OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022)	Oregon Health Authority, Public Health Division	Aug. 2, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1015 (temporary rule PH 33-2021; amended PH 36-2021, PH 44-2021, PH 84-2021; permanent PH 10-2022) (Aug. 2, 2021) (Ex. OR-045)	/library/OR-045	/exhibit/OR-045
Ex. OR-046	OAR 333-019-1010 (PH 34-2021)	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021)	Aug. 5, 2021	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 34-2021), OAR 333-019-1010 (PH 34-2021) (Aug. 5, 2021) (Ex. OR-046)	/library/OR-046	/exhibit/OR-046
Ex. OR-047	Oregon EO 21-29 (Aug. 13, 2021)	Governor Kate Brown	Aug. 13, 2021	Governor Kate Brown, Oregon EO 21-29 (Aug. 13, 2021) (Ex. OR-047)	/library/OR-047	/exhibit/OR-047
Ex. OR-048	OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022)	Oregon Health Authority, Public Health Division	Aug. 11, 2021	Oregon Health Authority, Public Health Division, OAR 333-019-1025 (temporary rule PH 35-2021; amended PH 41-2021 and PH 83-2021; permanent PH 15-2022) (Aug. 11, 2021) (Ex. OR-048)	/library/OR-048	/exhibit/OR-048
Ex. OR-049	Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744)	Oregon OSHA, Department of Consumer and Business Services	Aug. 13, 2021	Oregon OSHA, Department of Consumer and Business Services, Oregon OSHA Administrative Order 10-2021 (temporary amendment of OAR 437-001-0744) (Aug. 13, 2021) (Ex. OR-049)	/library/OR-049	/exhibit/OR-049
Ex. OR-050	Executive Order 21-30	Governor Kate Brown	Aug. 16, 2021	Governor Kate Brown, Executive Order 21-30 (Aug. 16, 2021) (Ex. OR-050)	/library/OR-050	/exhibit/OR-050
Ex. OR-051	OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022)	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021)	Aug. 25, 2021	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 38-2021), OAR 333-019-1010 (PH 38-2021, replacing PH 34-2021; amended PH 42-2021 Sept. 1, 2021; permanent PH 11-2022) (Aug. 25, 2021) (Ex. OR-051)	/library/OR-051	/exhibit/OR-051
Ex. OR-052	OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022)	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021)	Aug. 25, 2021	Oregon Health Authority, Public Health Division (Temporary Administrative Order PH 39-2021), OAR 333-019-1030 (PH 39-2021; permanent PH 10-2022) (Aug. 25, 2021) (Ex. OR-052)	/library/OR-052	/exhibit/OR-052
Ex. OR-054	Chief Justice Order 21-039	Chief Justice Martha L. Walters, Oregon Supreme Court	Sept. 16, 2021	Chief Justice Martha L. Walters, Oregon Supreme Court, Chief Justice Order 21-039 (Sept. 16, 2021) (Ex. OR-054)	/library/OR-054	/exhibit/OR-054
Ex. OR-056	Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021)	Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission	Aug. 12, 2021	Oregon Department of Education with Oregon Health Authority, Oregon OSHA and the Teacher Standards and Practices Commission, Enforcement of OAR 333-019-1015 Masking Requirements in Schools (ODE memorandum, August 2021) (Aug. 12, 2021) (Ex. OR-056)	/library/OR-056	/exhibit/OR-056
Ex. OR-057	ODOT/DMV bulletin (June 29, 2021)	Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV)	June 29, 2021	Oregon Department of Transportation, Driver and Motor Vehicle Services (DMV), ODOT/DMV bulletin (June 29, 2021) (Ex. OR-057)	/library/OR-057	/exhibit/OR-057
Ex. OR-058	Executive Order 21-31	Governor Kate Brown	Sept. 1, 2021	Governor Kate Brown, Executive Order 21-31 (Sept. 1, 2021) (Ex. OR-058)	/library/OR-058	/exhibit/OR-058
Ex. OR-059	Executive Order 20-09	Governor Kate Brown	Mar. 19, 2020	Governor Kate Brown, Executive Order 20-09 (Mar. 19, 2020) (Ex. OR-059)	/library/OR-059	/exhibit/OR-059
Ex. OR-060	Executive Order 20-17	Governor Kate Brown	Apr. 17, 2020	Governor Kate Brown, Executive Order 20-17 (Apr. 17, 2020) (Ex. OR-060)	/library/OR-060	/exhibit/OR-060
Ex. OR-061	Executive Order 20-18	Governor Kate Brown	Apr. 17, 2020	Governor Kate Brown, Executive Order 20-18 (Apr. 17, 2020) (Ex. OR-061)	/library/OR-061	/exhibit/OR-061
Ex. OR-062	OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly)	Oregon Health Authority (under EO 20-66 para. 2-4)	Dec. 3, 2020	Oregon Health Authority (under EO 20-66 para. 2-4), OHA Sector Risk Level Guidance Chart and sector guidance under the County Risk framework (Dec. 3, 2020-June 29, 2021, revised repeatedly) (Ex. OR-062)	/library/OR-062
Ex. OR-064	SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote…	Oregon Legislative Assembly	June 30, 2020	Oregon Legislative Assembly, SB 278 (2021) 60-day eviction safe harbor; HB 4204 (2020) and HB 2009 (2021) mortgage foreclosure moratoria; HB 4212 (2020) deadline extensions and remote public meetings; SB 1801 (2020) cocktails to go (June 30, 2020) (Ex. OR-064)	/library/OR-064
Ex. TX-004	Executive Order GA-09	Governor Greg Abbott	Mar. 22, 2020	Governor Greg Abbott, Executive Order GA-09 (Mar. 22, 2020) (Ex. TX-004)	/library/TX-004	/exhibit/TX-004

8. How to use this report

Keep this report with your payroll records and the other records that support your claim. The Notice itself describes what those records are. Q&A-70 says an employer "will adequately substantiate eligibility for the employee retention credit if the employer creates and maintains records that include," among other things, "any governmental order to suspend the employer's business operations" and "any records the employer relied upon to determine whether more than a nominal portion of its operations were suspended due to a governmental order or whether a governmental order had more than a nominal effect on its business operations" (Notice 2021-20, 2021-11 I.R.B. 922, Q&A-70, at 944-45). Q&A-71 says to keep those records "for at least 4 years after the date the tax becomes due or is paid, whichever comes later" (Q&A-71, at 945). This report is the first of those two items for your selection, and it is meant to sit beside the second.

If you have received a letter from the Service saying that no government orders were in effect during the quarter you claimed, this report answers that sentence with the public record, order by order. Read the quarter you claimed. For each instrument, the report gives you the issuer, the number, the dates, the words that commanded the change, the penalty behind them and the exhibit. Those are facts about the public record, and anyone can check them against the register, the code or the docket the report cites. The Service is free to argue about how much a given order affected your business. Whether the orders existed is not a matter of opinion.

Three points of public law matter to anyone holding such a letter. First, a notice that turns down a refund claim starts a clock. Under section 6532(a)(1) of the Internal Revenue Code, a refund suit cannot be brought "after the expiration of 2 years from the date of mailing by certified mail or registered mail by the Secretary to the taxpayer of a notice of the disallowance of the part of the claim to which the suit or proceeding relates." Second, asking the IRS Independent Office of Appeals to review the letter does not stop that clock; the Service's own page on the letter says so ("Requesting an appeal doesn't extend this time"), and section 6532(a)(4) provides that the Service's later consideration of the claim does not extend the period. Third, the period can be extended only by a written agreement between you and the Service under section 6532(a)(2), made on Form 907, Agreement to Extend the Time to Bring Suit, and effective only if the Service signs it before the two years run out.

The COVID Project does not give legal advice, and this report is not a substitute for it. Take it to your accountant, your enrolled agent or your lawyer. The dates above are public law, and the decisions they call for are yours and your adviser's to make.

Printed from covidproject.com/report?state=OR&quarters=2020Q2,2020Q3,2020Q4,2021Q1,2021Q2,2021Q3&federal=1&agencies=1&duties=1&meetings=1&answers=1 on Sept. 30, 2026. The COVID Project is a free public reference and this report is not legal advice.